Terms of Service

Policy date: May 20, 2024

Account

  • In order to create an Account for yourself or for your Organization on our Website, you must be a natural person of at least age 18, or a legal entity duly registered. If you decide to create an Account for your Organization, you represent that you have the authority to act on behalf of your Organization and bind your Organization to these Terms.
  • When you create your Account, we are going to ask you to provide us with some basic information, such as your Google account, GitHub account, etc., in order to use our services smoothly. All information must be accurate and valid.
  • Security is very important to us. You are responsible for maintaining the confidentiality and security of your password necessary for accessing your Account and the Services. You may not disclose your password to any third party, and you are solely responsible for any action taken with your Account. You must notify us immediately of any actual or suspected breach of security on your Account, loss or compromise of password, or unauthorized use of your Account.

Prohibition of Mass Registration and Free Quota Abuse

This platform strictly prohibits users from obtaining multiple free quotas through mass email registration or any other methods. Upon discovery of any suspected mass registration, use of false information to register accounts, or any other forms of abuse, this platform reserves the right to take the following actions:

  • Immediate suspension of the related accounts.
  • Revocation of all free quotas and discounts obtained by those accounts.
  • The right to pursue further legal action.

Definitions

Mass Registration: The creation of multiple accounts through automated tools, manual bulk operations, or any other means to gain undue benefits.

Abusive Behavior: Any attempt to exploit platform loopholes, engage in unauthorized operations, or use other improper methods to obtain multiple free quotas, discounts, or other benefits.

User Responsibility

Users must ensure that their actions comply with all provisions of this service agreement. If a user violates the above terms, the platform reserves the right to take corresponding measures against the user’s account in accordance with these terms.

Privacy

Your privacy is paramount to us, and here is how we respect it. We will provide the Services in accordance with our Privacy Policy available at: https://novita.ai/legal/privacy-policy.

User Content

  • Certain features of the Service may permit Users to submit, upload, publish, or otherwise transmit (“Post”) content to the Service, including reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, Models, Generated Images, algorithms, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
  • You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content as set forth in these Terms. We disclaim any and all liability in connection with User Content. You are solely responsible for (i) your User Content and the consequences of providing User Content via the Service, and (ii) all license terms related to User Content. By providing User Content via the Service, you affirm, represent, and warrant to us that:
    1. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and Users in the manner contemplated by us, the Service, and these Terms;
    2. Your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause novita.ai to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
    3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    4. If you are the actual creator and owner of the User Content, and you find that our service has infringed upon any of your rights, please contact: support@novita.ai to request the removal of the infringing content. We will process your appeal request within 7 days.

Payment

  • Our plans and fees payable for the use of the Services you decide to purchase are available at: https://novita.ai/pricing . You may decide to choose a custom plan, in which case the payable fees and payment terms will be subject to further discussions and mutual agreement with us, and will be specified in the applicable Services Agreement, Order Form or any other binding document signed between us.
  • We reserve the right to adjust our pricing from time to time and at our sole discretion. In such event, prices will remain fixed during the term of your initial subscription, and adjusted fees will be applicable only after the term of your new subscription.
  • Payment is processed on the Website, which includes a third-party payment or credit card processor's services. The payment processor's or credit card company's agreement governs your use of the designated account or credit card you provide, and you must refer to that agreement and not these Terms to determine your rights and liabilities relating to such agreement, account and activities. By providing us with your account or credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees due and payable and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the account or credit card use for the payment. All fees are non-refundable and exclusive of any applicable taxes, which the Customer is solely responsible for paying. You will indemnify us for any taxes relating to your purchase or use of the Services, except for taxes relating to our income.
  • For automatic top-ups, we will automatically charge your payment method on each agreed-upon recharge trigger, collecting fees seamlessly through your chosen payment method.
  • For certain Services, the Service Fees and payment terms may be specified in the Supplemental Terms and/or in any other binding document signed between us, including but not limited to an Order Form, a Scope of Work, or a Master Service Agreement, which are fully incorporated into the Agreement between us.

Playground

Playground is a showcase for users of our novita.ai API, where you can choose an AI model from the menu and click the Generate button to generate images.

Please understand and guarantee that you will not use this service to generate illegal/non compliant images, including but not limited to images of discrimination, political color, pornography, etc. We have the right to restrict your permissions to ensure that the above situation does not occur.

Quick link: https://novita.ai/playground

API Service

Inference API Service: where you or your organization(s) can run inference via application programming interface on machine learning models publicly or privately hosted on our Model Hub.

Quick link: https://novita.ai/get-started

Termination

  • You may decide to cancel your Account whenever you want, at your sole discretion.
  • We may do the same, and we reserve the right to suspend or terminate your access to the Services anytime with or without cause, and at our own discretion, with or without notice.
  • Upon cancellation of your Account, we will use commercially reasonable efforts to delete your information and Content of your own Repositories, whether public or private, within 90 days.
    We will not delete the Content that you contributed to other Users Repositories, or copies made by us or other Users.
  • We also reserve the right to retain your information for legal or regulatory compliance, pursuant to standard archiving, recovery, and back-up processes and practices, and pursuant to our Privacy Policy.
  • For certain Services, the Service Term and causes for termination may be specified in the Supplemental Terms and/or in any other binding document signed between us, including but not limited to an Order Form, a Scope of Work, or a Master Service Agreement, which are fully incorporated into the Agreement between us.