GBs for training your own image models

TERMS OF USE of Relativity GmbH represented by its managing director Noel Lorenz, Breite Str. 25, 13597 Berlin, for the installation and use of the function to upload, train and use your own AI image models www.ai.mind-verse.de (hereinafter referred to as the “app”)


As of 16.01.2023


I General


Our app uses software that uses artificial intelligence (AI) algorithms to transform or transform photos into works of art, change the background or foreground, overlay objects with other objects, and use or copy the style or effects from other images. The app allows you to take photos directly with the application or upload existing photos to the application. You can then apply filters or effects to the photos and change the photo. You can share this photo via social media or save it for your personal use and use it for commercial purposes in any form.


The terms of use apply to all users and natural and/or legal persons who download, install, register with, access or — in whatever form — use our web-based application/app. By agreeing to our terms and conditions, which represent general terms and conditions within the meaning of the German Civil Code, a legally binding contract is concluded on the basis of the law of the Federal Republic of Germany between you as a user, user and anyone who uses the app, subject to the following conditions. By agreeing to the terms, you agree to the terms on your own behalf or on behalf of the legal entity that you represent. By using the app, you agree to these terms.


If you do not agree to these terms, you must not use the app.


II Age restriction - ethical principles/rules - liability


The installation and use of the app is only permitted to persons who have full legal capacity and have reached the age of 18 (are of legal age). Minors may not agree to these terms and may not install or use the app. By agreeing to these terms and conditions, you are assured that you have full legal authority to enter into these agreements on the basis of the laws of the Federal Republic of Germany.


We expressly guarantee that our app should not be used for sexist, sexually degrading or pornographic content and, in order to comply with these principles, have programmed appropriate filters to prevent nude images, photos of genitals or photos of children from being used as far as possible and from not being edited.


Since technical perfection cannot be guaranteed and technical failure is just as possible as circumventing the filters through manipulation by users, we assume no guarantee or liability for the security of these filters.


As a result of the present conditions, we therefore prohibit the user from using and using (in any form, e.g. by uploading and/or making and/or distributing) photos via our app and from using, distributing and/or marketing photos created via our app


with discriminatory, racial, obscene, sexist, pornographic, defamatory, derogatory, defamatory, insulting or criminally relevant content or content that violates the personal rights of third parties. By using our app, the user is prohibited from using, generating, distributing and/or distributing discriminatory, racist, obscene, sexist, pornographic, defamatory, defamatory, defamatory, insulting or criminally relevant content or content that violates the personal rights of third parties.


Furthermore, by agreeing to these terms and conditions, the user assures that when using the app, uploading photos and using and distributing the images generated with it, he does not violate any intellectual property laws (UrhBG), other applicable laws or rights of third parties (including the rights of a company) and does not commit any unauthorized act.


The user undertakes not to technically disturb, interrupt or prevent other users of the app from using the app to its full extent, or to damage, deactivate, overburden or impair the function of the app in any way.


Photos that, in our opinion, are offensive or that could expose others to damage or liability of any kind to us or others, will be deleted as soon as we become aware of them. We have the right to monitor the use of our app to ensure compliance with these terms and to comply with applicable laws or other legal requirements. We have the right to investigate violations of these terms or conduct that affects us or others. We may also consult and work with law enforcement agencies to prosecute users who violate applicable laws. We reserve the right, at our sole discretion and at any time, to suspend or discontinue access to the app, introduce new features, or restrict access to certain features.


III Safeguarding Relativity's rights


The user is prohibited from decrypting, decompiling, disassembling, or reverse engineering any content of the app or the software it contains (such as its source code or the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms). The user undertakes not to take or permit any action that can be used to reveal the source code or circumvent measures that are used to prevent or restrict your access to systemically important content of the app and not to circumvent any techniques used by us to filter content or access a function or area of the app to which he is not authorized. Third party applications that interact with the app may not be developed or used without our prior written consent, including scripts intended to access or extract data from or through the app. The app or individual elements within the app, the name of the app and the name of our company, trademarks, logos or other copyrighted works may not be used by the user for other than the form of use of our app permitted with or by the intended use of our app and may not be made available to third parties for use without our express prior written consent.


IV Copyrights — User License — Infringement — Indemnification


The software, logos, graphics, photographs, videos, illustrations, texts, brands, company names, scripts, filters, tools, and therefore all copyright and/or competition and/or trademark content contained in our app are the intellectual property of Relativity GmbH or licensed to us and protected by law. Based on his registration and payment of the agreed usage fees, we grant the user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the app and its intended personal use. The user license is subject to the present and future additional or changing terms, which we will inform users of. The user license does NOT include the right for the user to use the app or content created by it or through the app for commercial purposes and/or to have it used by third parties and/or to reproduce, copy, distribute, publicly perform, modify and/or have the app or content of the app carried out by third parties. The user is also prohibited from using robots on our app and the software contained in it or using other methods for data collection, modification, extraction and/or having third parties use it. Violations by a user of our rights and/or a violation of the terms of use of our app agreed here will result in an immediate termination of the license transferred to the user without the need for a warning and a closure of the user account, although we reserve the right to assert further claims — in particular for omission and compensation — as well as criminal charges.


The app will enable users to upload photos for personal and commercial use, edit them via the app, creating new works, saving them and photos, and sharing them and content. For this purpose, the user grants Relativity GmbH a perpetual, revocable, non-exclusive, royalty-free, worldwide, transferable and sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works and transfer your user content without receiving any compensation. The rights granted to Relatiity GmbH end at the time when the contractual relationship between it and the user ends. The user guarantees and assures us that he is the owner of the rights, in particular the copyrights, or the owner of the rights necessary for this purpose to the works used by him and that the rights of third parties are not infringed by the use of the photo uploaded by him and through the processing, alteration, reproduction and distribution of the photo subsequently generated via the app. The user is not allowed to upload, edit, create, store and/or share works and/or content that violate these terms and conditions or to which he does not have all necessary rights. Nutuzer undertakes to indemnify and assure Relativity GmbH from all license fees, fees and costs arising from its use of the app with copyrighted works and the edits generated by the app that it has the right and legal capacity to agree to the present conditions. The user undertakes to indemnify Relativty GmbH and the companies associated with it to provide their services provided with the app from all damages (including attorney fees and court costs) resulting from a breach by the user of the terms of use or a violation of legal provisions, unless the user is not responsible for the infringement or infringement of rights.


V Disclaimer/limitation


Relativity GmbH and the user hereby agree on the following disclaimer and limitation of liability. In accordance with the conditions agreed here, Relativity is exclusively and fully liable only for damages due to intentional or negligent injury to life, limb or health as well as for other damages based on intent or gross negligence on the part of the company or its legal representatives or vicarious agents. Insofar as Relativity GmbH is not fully liable on the basis of the above agreement, its liability in the event of a breach of an essential contractual obligation based on simple negligence is and is hereby limited to compensation for damages or expenses as well as to typically foreseeable damage. Significant contractual obligations are obligations whose fulfilment makes the proper execution of the agreement possible in the first place and on whose fulfilment you regularly rely and may also rely (so-called cardinal obligations). Relativity GmbH's liability under applicable product liability regulations remains unaffected. In addition to the above cases, any liability of Relatibvity GmbH is excluded. In these cases, in the event of problems or dissatisfaction with the app, the sole and exclusive remedy available to the user is to uninstall the app and the associated software and stop using the app. Relativity GmbH is not liable for damage due to loss of data, insofar as the damage could have been prevented by the user making backup copies at reasonable intervals. To the extent permitted by law, the user releases Relativvity GmbH from legal responsibility, liability, and claims, demands and/or damages (actual and subsequent damages) of any kind and nature, known and unknown (including but not limited to claims of negligence) arising for the user and/or third parties arising from or in connection with disputes between the user and the acts or omissions of third parties.


VI Applicable Law/Jurisdiction Dispute Settlement Procedure/Consumer Arbitration Board


Unless otherwise required under the mandatory law of a member state of the European Union or of another country, the agreements concluded between Relativity GmbH and the user under these terms of use (and any non-contractual disputes and/or claims arising from or in connection with them) are subject to German law, excluding conflict of law rules.


Relativity GmbH does not participate in dispute resolution proceedings before a consumer arbitration board for contracts to which these terms of use apply.


VII User accounts - personal and age information

When creating his user account, the user undertakes to provide complete and truthful information — in particular about himself and with regard to his age (age of majority) and legal capacity. The user also undertakes to maintain and update his account information. The user is solely responsible for maintaining the confidentiality of his user data and passwords and is obliged not to provide unauthorised persons with access to their access data. Relativity GmbH is not liable for damage suffered by the user or third parties as a result of a breach of the above obligations.


VIII Third party accounts — “Apple notice”


If the user creates their account using a valid account in the App Store or Marketplace (e.g. Apple App Store, Google Play, etc.), such account constitutes a third-party account. By using a third-party account to register their account, the user allows Relativity GmbH access to this third-party account in accordance with the contractual agreements that the user has concluded with the third-party provider.

If the user has downloaded the app from the Apple Inc. app store or uses the app on an iOS device, he confirms by agreeing to these terms of use that he has read, understood and agrees to the following notice relating to Apple:

The agreement concluded with the present General Terms of Use of Relativity GmbH is concluded exclusively between the user and Relativity GmbH and not between the user and Apple. Apple is not responsible for the services provided by Relativity GmbH and their content or our app. Apple is not required to provide maintenance or support for our services or app. If our services do not comply with an applicable warranty, the user has the option to inform Apple to receive a refund of the app usage fee; to the extent permitted by law, Apple has no further warranty obligation with regard to the Relativity GmbH services. Apple is not responsible for processing user claims or third-party claims relating to Relativity GmbH's services or the possession and/or use of our services, including product liability claims, claims relating to the non-compliance of Relativity GmbH's services with applicable legal or regulatory requirements, and claims based on consumer protection or similar regulations. Apple is also not responsible for investigating, defending, settling, or satisfying third-party claims if the services of Relativity GmbH and/or the possession and use of our app infringe a third party's intellectual property rights. The user further acknowledges that the usage rules for the app are subject to any additional restrictions set forth in the usage rules of the Apple App Store Terms of Use at the time the app is downloaded, and that in the event of a conflict, the Apple App Store usage rules will prevail if they are more restrictive. The user confirms that he has had the opportunity to read the Apple usage rules. The license granted to the user is limited to a non-transferable license to use the app on an iPhone, iPod touch or iPad that he personally owns or can control, as permitted by the Apple usage rules in the Apple App Store terms of use. Apple and the Apple subsidiaries are beneficiaries of this Agreement and by accepting this Agreement by the User, Apple gains the right (and is considered accepted by Apple) to enforce this Agreement against the User as a beneficiary of this Agreement. The user hereby represents and warrants that he is not a resident of a country affected by a US government embargo or a country classified by the US government as a “country supporting terrorism,” and that he is not included in a list of prohibitions or restrictions maintained by the US government.


IX. Right of Withdrawal - Exclusion

The user has no right of withdrawal. The right of withdrawal does not apply to distance selling contracts (§ 312g para. 2 BGB@).


X. DATA PROTECTION


Please review our privacy policy mind-verse.de/datebschutz to learn how we collect, use, and share information about you when you use. The transfer and storage of information about you while you use Mindverse is governed by our Privacy Policy. You acknowledge and agree that your use of our app is subject to our Privacy Policy.


XI. AMENDMENTS TO THESE CONDITIONS

We may make changes to these terms from time to time. If we make changes, we will notify the user of the amended terms and update the effective date above. The user is expected to check our terms regularly so that he is aware of any changes as they are binding on him. If you do not agree with the amended terms, the user must stop using our app.


XII. ELECTRONIC COMMUNICATION

By using our app, the user agrees to receive electronic communications from us, including via email, push notifications, and by posting notices on our website or via the app, and communication between us and the user takes place electronically. The communication may contain messages and information via the app and is part of the contractual relationship with us. To this end, the user agrees to receive communications in electronic form and agrees that all terms and conditions, agreements, notices, disclosures, and other communications received electronically satisfy the legal requirements as if such communications had been made in writing. The user can opt out of receiving promotional emails at any time and deactivate push notifications.

XIII. DISMISSAL

We reserve the right to stop the user's use of our app without notice and at our sole discretion if the user acts in breach of contract. In this case, we are not responsible for any loss or damage that results from the user no longer being able to use the app.


XIV. Salvatory Clause — Interpretation

The invalidity or invalidity of a provision of the present agreement or part of it, regardless of the reason for the invalidity or invalidity, does not affect the effectiveness of the remaining provisions of the agreement. In this case, the provision which is - or becomes - invalid or void must be replaced by way of interpretation by a provision which comes closest in meaning and purpose to the ineffective or void.


XV. DATA PROTECTION POLICY

You can view our previous privacy policy here: mind-verse.de/datenschutz


XVI. OTHER WEBSITES AND SERVICES

We are not responsible for the practices of websites or services linked to or from us, including the information or content contained therein. If we have a link to a website or service that is linked to or from us, we recommend that you read the privacy policy of that site or service before providing information on or about it.


XVII. HOW TO CONTACT US.


General contact information. If you have any questions about this Privacy Policy or about Kiavatar.de, please email us at info@relativitygmbh.de or to our postal address:

Relativity GmbH

Breite Straße 25

13597 Berlin


XVII. References and sources


The latest generation of Mindverse's image generator is based in part on the stable diffusion model from Stability AI LTD. By using Mindverse, you agree to this license: https://huggingface.co/spaces/CompVis/stable-diffusion-license


In addition, the Dreambooth Stable Diffusion model, created by Rinon Gal, Yuval Alaluf, Yuval Atzmon and other contributors, is used.
By using Mindverse, you agree to this license: https://github.com/XavierXiao/Dreambooth-Stable-Diffusion/blob/main/LICENSE