Simuhuman.com provides you, the user, with access to simuhuman.com and its associated services subject to your acceptance of all of our terms, including these Terms of Service and any other applicable policies.
Thank you for choosing simuhuman.com's image generation and stock photography services (the "Services"). This Agreement outlines your rights and obligations with respect to the Assets you generate, your use of the Services, and other important topics such as arbitration. We encourage you to read it carefully. Please note that we have a privacy policy that explains how we handle your data.
This Agreement governs the access and use of the Services by the entity or person agreeing to these terms ("Customer"), and is entered into by simuhuman.com Inc. and the Customer. The Effective Date of this Agreement is when the Customer is presented with it and proceeds to use the Services or receive/distribute Assets.
Please be aware that we may update this Agreement and present the revised terms to the Customer from time to time. Your continued use of the Services after any updates constitutes acceptance of the revised terms. If you do not agree to this Agreement, please refrain from using the Services.
Additional documents referenced in this Agreement, such as the Community Guidelines included below, may also be binding on your use of the Services.
At simuhuman.com, we are constantly improving our Services to enhance your experience. Please be aware that the Services are subject to modification and change, including but not limited to the art style of Assets, algorithms used for Asset generation, and available features. We make no guarantees regarding the quality, stability, uptime, or reliability of the Services. We advise against creating any dependencies on the Services or Assets, and we will not be liable for any harm caused by your dependency on the Service.
Both the Services and Assets are provided to the Customer on an "AS IS" basis without warranties or conditions of any kind, either express or implied, including but not limited to, 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 using the Services.
simuhuman.com reserves 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 or reverse engineer the Services or Assets. The use of automated tools to access, interact with, or generate Assets through the Services is prohibited. Only one user per registered account is permitted, and each user may only have one account. We reserve the right to investigate complaints or reported violations of our Terms of Service, take appropriate action, and disclose information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information to law enforcement officials, regulators, or other third parties, as deemed necessary.
In order to access the Services, you must 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 consent to our terms, your parent or guardian must agree to our terms on your behalf. We recommend that your parent or guardian read these terms with you. If you are a parent or legal guardian and allow your teenager to use the Services, then these terms also apply to you, and you are responsible for their activity on the Services.
At simuhuman.com, we strive to make our Services PG-13 and family-friendly. However, please note that the Assets are generated by an artificial intelligence system based on user queries. This is a new technology, and it may not always work as expected. Therefore, we cannot guarantee the suitability of the Assets for the Customer.
When you use our Services, you may provide simuhuman.com with personal information such as your email address, username, billing information, favorites, image outputs, and text prompts that you enter or sample images that you upload to the Service. We respect your privacy and have a policy outlining what we do with your personal information and the rights you have in relation to it. You can find our privacy policy on our website.
Both parties agree to comply with all applicable data protection laws. If additional terms are needed regarding data privacy or data transfers, the parties will work together in good faith to enter into such terms.
As the uploader of content, you own your Uploads, subject to applicable laws. simuhuman.com owns all Generations, and you agree to make any necessary assignments for this ownership. simuhuman.com grants you the exclusive rights to reproduce and display such Generations, and will not resell them or use them in any way. simuhuman.com will not assert any copyright in such Generations against you or your end users, provided that you comply with our terms and Content Policy.
If you violate our terms or Content Policy, you will lose rights to use Generations. However, we will provide you with written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. Please note that similar or identical Generations may be created by other users using their own Prompts. Your rights are only to the specific Generation that you have created.
simuhuman.com generates its Assets using an artificial intelligence system trained on public datasets. While we strive to avoid unintentional similarities to copyright-protected material or trademarks, we acknowledge that this may occur. We respect the rights of copyright and trademark holders worldwide.
If you believe that your copyright or trademark is being infringed by our Service, please contact us at takedown@simuhuman.com.com. We will promptly review and process your request.
All legal claims arising out of or related to this Agreement (including any dispute regarding the interpretation or performance of the Agreement) will be governed by the laws of the Netherlands.
In the event of a Dispute, the parties will make a good faith effort to resolve the matter within 30 days of the Dispute arising. If the matter cannot be resolved within that timeframe, it will be settled through arbitration under the Expedited Commercial Rules of the International Centre for Dispute Resolution of the Netherlands Arbitration Association, as in force at the time of this Agreement.
The parties will mutually select a single arbitrator, and the arbitration will take place in English in the Netherlands. Either party may seek injunctive relief from any court with jurisdiction to protect its rights during the arbitration process. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.
Finality and Enforcement of the Award
The arbitrator's award will be binding and final on both parties and can be presented in any competent court, including those with jurisdiction over either party or any of its property.
Legal Fees and Expenses
Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision on the Dispute.
In the event that you opt for an unlimited plan, we will make every effort to provide you with reasonable and unrestricted access to our Services. Nevertheless, we maintain the right to impose rate limits on your usage to ensure that there is no deterioration in quality or disruption to our other customers.
We may use a third-party payment service provider to invoice you for your use of the Services, and their terms of service will take precedence over this Agreement in case of a conflict. You can cancel your plan at any time, and we also reserve the right to terminate your access to the Service for any reason, including violating the Community Guidelines or using the Service inappropriately. If you cancel or are terminated, any outstanding usage fees will be charged immediately. You won't be refunded for the current pay period, but you will no longer be charged once it ends. If you request a refund within 14 days of purchase and have downloaded no more than three images, you're eligible for a full refund.
Respectful Behavior: Please treat others, including staff, with kindness and respect. Do not use the Services to create or share images or text prompts that are inherently aggressive, disrespectful or abusive. Harassment or violence of any kind is strictly prohibited.
No Adult Content or Gore: The Services may not be used to create or share adult content or gore. Please avoid creating content that is visually shocking or disturbing. Some text inputs may be blocked automatically.
Sharing Others' Creations: Do not publicly repost the creations of others without their consent.
Be Mindful of Sharing: While it is okay to share your creations outside of the simuhuman.com community, please be aware of how others may view your content.
Violation of these rules may result in a ban from our Services.
We provide the service on an as-is basis, without making any promises or guarantees about it. You acknowledge and agree that we shall not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they may arise. Your use of the service is solely your responsibility. We will not be involved in any disputes or conflicts that you may have with others, and we shall not be held responsible for any harm that you may cause to others. If you infringe someone else's intellectual property knowingly, and it causes us to incur costs or damages, we reserve the right to pursue legal action against you to collect the money owed, including attorney's fees. Therefore, we strongly advise against infringing any intellectual property rights.
Force Majeure: Neither party shall be held responsible for any failure or delay in performance due to circumstances beyond their control, such as natural disasters, acts of terrorism, riots, war, or other unforeseeable events.
No Agency: This Agreement does not create any agency, partnership, or joint venture between the parties, and neither party shall have the authority to act on behalf of the other party.
Severability: If any part of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties and does not confer any rights or benefits to any third party unless explicitly stated otherwise.
Survival: The sections and obligations of this Agreement that by their nature should survive the termination or expiration of this Agreement, including but not limited to those relating to intellectual property and privacy, shall survive and continue to bind the parties.