Tydai End User License Agreement (EULA)
Effective Date: October 1st, 2024
App Name: Tydai
Company Name: Artila Studios LLC
Please read this End User License Agreement ("Agreement") carefully before using Tydai. This Agreement sets forth the legally binding terms and conditions for your use of the App, which is owned and operated by Artila Studios LLC ("Company," "we," or "us"). By accessing or using the App, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the App.
1. Definitions
"App" refers to the Tydai application available on iOS devices.
"AI-Generated Content" refers to images or other content created using OpenAI’s DALL-E 3 API through the App.
“DMCA” refers to the Digital Millennium Act.
"User-Generated Content" refers to any content submitted by users, including comments, images, usernames, or bios.
"Content" encompasses both AI-Generated Content and User-Generated Content.
"Privacy Policy" refers to our comprehensive policy detailing how we collect, use, and protect your information, available at https://www.artilastudios.com/privacy-policy.
2. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to:
Download and Install: Download and install the App on your mobile device.
Use: Use the App for your personal, non-commercial purposes only.
This license is subject to the terms and conditions of this Agreement. You may not:
Redistribute: Redistribute the App or its contents without our prior written consent.
Commercial Use: Use the App for any commercial purposes.
Scope of Use:
Devices: You may install the App on a single device per user account.
Geographical Limitations: The App may only be used in regions where its use is legally permitted.
Updates and Upgrades: Any updates or upgrades provided by us are included in this license and are subject to the same terms.
3. Restrictions
You agree not to:
Copy: Duplicate the App or any part of it.
Modify: Alter or create derivative works based on the App.
Distribute: Share, sell, lease, or otherwise distribute the App or its contents.
Reverse Engineer: Reverse engineer, decompile, or disassemble the App.
Create or Distribute Harmful Content: Use the App to generate or disseminate harmful, infringing, or inappropriate content.
Bypass Security: Attempt to bypass or undermine security features of the App.
Use Automated Tools: Employ automated tools, bots, scripts, or other means to access or interact with the App.
Consequences of Violation:
Violating these restrictions may result in:
Immediate termination of your license to use the App.
Legal action to seek damages or enforce rights.
Other remedies available under law or equity.
4. AI-Generated Content
The App allows users to generate images using OpenAI’s DALL-E 3 API ("AI-Generated Content"). By using the App, you acknowledge and agree that:
Content Filtering: AI-Generated Content is subject to content filtering systems provided by third-party services (e.g., OpenAI’s DALL-E 3 API), which automatically regulate prompts for inappropriate or offensive content. These systems help ensure that generated content adheres to community standards and legal requirements.
Compliance with OpenAI: Your use of AI-Generated Content is governed by OpenAI’s Terms of Service and OpenAI’s Usage Policies. By using the App, you agree to comply with these policies.
User Responsibility: You are responsible for the content you generate using the App and must ensure compliance with applicable laws and third-party licenses.
No Liability: Artila Studios is not responsible for user-generated AI-Generated Content and reserves the right to remove or restrict access to content that violates this Agreement or any applicable laws.
Compliance Details:
Prohibited Content: Examples include but are not limited to content that is illegal, defamatory, obscene, or infringes on intellectual property rights.
User Obligations: Ensure that your prompts and the resulting content do not violate any laws or rights of third parties.
Liability Clarification:
Artila Studios disclaims all liability for AI-Generated Content. Users generate content at their own risk and are solely responsible for its legality, reliability, and appropriateness.
Content Filtering Disclaimer: While content filtering systems are in place to regulate AI-Generated Content, Artila Studios does not guarantee their absolute accuracy or effectiveness. Some inappropriate content may still be generated or may not be filtered out completely.
Images Storage: AI-generated images and profile pictures uploaded by users are securely stored in a Cloudflare R2 storage bucket. Only the image paths are stored in Supabase. Cloudflare R2 does not store or process personal data.
5. User-Generated Content
You may interact with other users by submitting comments on each other' images. You may also create a custom username which you may change at any time. You may also create a custom user bio, which you can change or remove at any time, ("User-Generated Content"). You agree that:
Acceptable Content: You will not post harmful, hateful, harassing, or inappropriate content, usernames, or bios, including but not limited to content that is racist, sexist, or discriminatory in nature.
Content Moderation and Filtering:
Automated Filtering: Artila Studios employs an automated content filtering system using third-party services (e.g., Google’s Perspective API) to analyze and filter User-Generated Content for offensive or inappropriate material. This system helps maintain a safe and respectful community environment.
Human Review: In addition to automated filtering, Artila Studios may manually review User-Generated Content to ensure compliance with these terms.
Data Processing for Filtering:
Data Sent for Analysis: When content is submitted, only the textual content of comments is sent to third-party filtering services for analysis. No personally identifiable information (PII) is included in the data transmitted for filtering purposes.
Data Retention: Data processed by third-party services is handled in real-time and is not stored on their servers when configured with the appropriate privacy settings (e.g., the doNotStore flag with Google’s Perspective API).
User Control Over Filtering:
Enable/Disable Filtering: Users have the option to enable or disable the content filtering feature within their account settings. Enabling this feature allows for the automatic analysis and filtering of comments for offensive content, while disabling it stops such analysis. To enable the filter, please navigate to Home>Settings>Scroll down to ‘Filter Explicit Content’>Toggle to ‘ON’.
Opt-Out Consequences: Disabling the content filtering feature may result in exposure to offensive or inappropriate content, for which Artila Studios is not responsible.
Content Moderation: Artila Studios reserves the right to moderate and remove User-Generated Content that violates these terms and to suspend or terminate accounts for repeat offenses.
No Responsibility: Artila Studios is not responsible for user actions, interactions, or the content submitted by other users of the App. You assume all risks associated with interacting with other users and their content within the App.
Reporting Mechanism: You may report harmful comments, content, or user profiles for review. Should a user receive three or more complaints, their account may be subject to deletion or banning at the discretion of Artila Studios.
Blocking Users: Users have the ability to block other users within the App. When a user is blocked, both parties will no longer have access to each other's content or comments. Artila Studios reserves the right to review and manage abuse of the block function in cases of harassment or misuse.
Content Guidelines: Detailed guidelines on acceptable and prohibited content can be found in our Content Guidelines.
Appeal Process: Users whose content has been removed or whose accounts have been suspended may appeal the decision by contacting us at support@artilastudios.com. Appeals will be reviewed on a case-by-case basis.
6. Content Guidelines for User-Generated Content
Prohibited Content:
Hate Speech: Content that is racist, sexist, homophobic, or discriminatory in any form.
Harassment and Bullying: Content targeting other users to threaten, harass, or intimidate.
Obscene or Offensive Material: Vulgar language, explicit images, or other offensive material.
Illegal Activity: Promotion or discussion of illegal activities (e.g., drug use, violence).
Spam: Repeatedly posting unsolicited content, advertisements, or irrelevant messages.
Misinformation: False claims that could mislead or harm users.
Self-Harm: Content encouraging self-harm, suicide, or dangerous activities.
Respectful Communication:
Users are encouraged to express their opinions respectfully, without personal attacks or inflammatory remarks.
Constructive criticism is welcome but must remain courteous and free of hostility.
Language and Tone:
Comments should use appropriate language.
Profanity, slurs, and excessive negativity are prohibited.
Privacy and Personal Information:
Do not share personal or sensitive information (e.g., addresses, phone numbers, or private conversations) about yourself or others.
Intellectual Property:
Do not post content that infringes on others’ copyrights, trademarks, or intellectual property rights.
Automated or Machine-Generated Content:
Comments generated using bots, scripts, or automated tools are not allowed.
Consequences for Violations:
Violating these guidelines may result in:
Removal of the comment.
Suspension or termination of the user account.
Temporary or permanent bans, depending on the severity of the offense.
Reporting and Appeals:
Users can report inappropriate comments through the app’s reporting feature.
Reported comments will be reviewed and handled in accordance with these guidelines.
Users may appeal moderation decisions by contacting support (details provided in the EULA).
These guidelines ensure that your platform remains a safe, respectful space for users. If comments are the primary focus, this streamlined approach works well. However, if in the future your app includes other forms of UGC, such as bios or usernames, you can expand the guidelines to cover those as well. Let me know if you’d like help tailoring this further!
7. Ownership and Intellectual Property
App Ownership: The App and all associated content and features are the property of Artila Studios or its licensors.
AI-Generated Content Ownership: AI-Generated Content may be subject to restrictions outlined by OpenAI’s terms of service. Artila Studios retains all rights to this content, subject to applicable licenses.
User Content Ownership: You retain ownership of the content you generate or upload ("Your Content"). However, by using the App, you grant Artila Studios a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the App.
Licensing for User Content: Artila Studios may use Your Content to operate, promote, and improve the App. You represent and warrant that you have all rights necessary to grant this license.
8. DMCA Notifications
If you believe that content on Tydai infringes your copyright, you may submit a notice of claimed infringement under the Digital Millennium Copyright Act (DMCA). Artila Studios LLC will respond to valid DMCA notices by removing or disabling access to the allegedly infringing material in accordance with the DMCA.
To submit a DMCA notice, provide the following information in writing:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material that is claimed to be infringing, including sufficient information to allow us to locate the material (e.g., a URL or screenshot).
Contact information, including your name, address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Submit DMCA notices to:
Email: support@artilastudios.com
Counter-Notification
If your content has been removed due to a DMCA notice and you believe this was done in error, you may submit a counter-notification. Your counter-notification must include:
Your physical or electronic signature.
Identification of the material that has been removed or disabled, and the location where it appeared before removal.
A statement under penalty of perjury that you have a good faith belief the material was removed as a result of a mistake or misidentification.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal court in your district and that you will accept service of process from the person who provided the original DMCA notice or their agent.
Submit counter-notifications to:
Email: support@artilastudios.com
Repeat Infringers
Artila Studios LLC reserves the right to terminate user accounts that are found to be repeat infringers of copyrights.
9. Privacy Policy
Your use of the App is governed by our Privacy Policy. This document explains how we collect, use, and protect your information when you use the App.
By using the App, you consent to the collection and use of your personal data as outlined in the Privacy Policy. If you have any questions about how your data is handled, please refer to the Privacy Policy or contact us at support@artilastudios.com.
10. Term and Termination
Effective Period: This Agreement is effective upon your acceptance and continues until terminated.
Termination by You: You may terminate this Agreement at any time by uninstalling the App and ceasing all use.
Termination by Us: We may terminate the Agreement at any time if you breach any of its terms. Termination may occur without prior notice.
Post-Termination Obligations: Upon termination, you must cease all use of the App and delete any copies of the App from your devices.
Reinstatement Conditions: Terminated users may request reinstatement by contacting support. Reinstatement is at our sole discretion and may require compliance with additional terms.
Legal Remedies: The termination of this Agreement does not limit any of Artila Studios’ rights to seek legal remedies for violations of this Agreement.
11. Account Deletion
Users may submit a request to delete their account through the App. Upon submission, the request will be reviewed, and the account, along with all associated data, will be permanently deleted within 72 hours.
Account deletion is irreversible and will result in the loss of access to any subscriptions, AI-Generated Content, or other App features. For details on how we process your data during account deletion, please refer to our Privacy Policy.
12. Disclaimer of Warranties
"As Is" Basis: The App is provided "as is" without warranties of any kind, either express or implied.
No Guarantee: We do not guarantee that the App will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
Third-Party Services: We disclaim all warranties related to third-party services integrated into the App, such as OpenAI and Google AdMob.
Content Filtering: While we implement content filtering systems to identify and remove offensive or inappropriate content, we do not warrant the absolute accuracy or effectiveness of these systems. Some inappropriate content may still be generated or may not be filtered out completely.
13. Limitation of Liability
Exclusion of Damages: Artila Studios is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the App. This includes, but is not limited to, damages resulting from reliance on AI-Generated Content, third-party services, content filtering processes, or interactions with other users.
Liability Cap: To the fullest extent permitted by law, Artila Studios’ total liability for any claims arising out of or relating to the use of the App is limited to the amount you paid for the App or services provided.
Per Incident: The liability cap applies per incident.
No Liability for Specific Damages: We are not liable for damages caused by third-party services, content filtering inaccuracies, user interactions, or any unauthorized access to your data.
Content Filtering Disclaimer: Artila Studios does not guarantee the absolute accuracy or effectiveness of the content filtering system. While we strive to filter out offensive or inappropriate content, some may still appear, and non-offensive content may occasionally be mistakenly filtered.
14. No Waiver
If Artila Studios fails to enforce any provision of this Agreement, it will not be interpreted as a waiver of that provision or any other rights. Any waiver of a provision or right under this Agreement must be in writing and signed by an authorized representative of Artila Studios.
15. Unforeseen Circumstances
Artila Studios shall not be held liable for any failure to fulfill its obligations under this Agreement if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, network infrastructure failures, or pandemics. In these cases, Artila Studios’ obligations will be suspended for the duration of the event. We will make reasonable efforts to notify users of such occurrences and to resume performance as soon as possible.
16. Assignment
Users may not assign or transfer their rights or obligations under this Agreement without obtaining prior written consent from Artila Studios. Any attempted assignment or transfer that violates this provision will be deemed void and without effect. Artila Studios may assign or transfer its rights and obligations under this Agreement without any restrictions.
17. Notice Provision:
All notices and other communications under this Agreement must be in writing and will be deemed to have been duly given when delivered in person, sent by email, to the following addresses (or to such other address as a party may specify in writing): support@artilastudios.com, or noreply@artilastudios.com. Users are responsible for updating their contact information to ensure accurate delivery of all communications.
18. Indemnification
You agree to indemnify, defend, and hold harmless Artila Studios, its affiliates, licensors, and service providers from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of or related to:
Your Use of the App: Including AI-Generated Content and User-Generated Content.
Interactions with Other Users: Including any disputes or claims arising from your interactions within the App.
Violation of Agreement: Any breach of this Agreement by you.
19. Governing Law
This Agreement is governed by and constructed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in New Jersey for the resolution of any disputes arising out of or related to this Agreement.
International Users:
If you access the App from outside the United States, you are responsible for complying with all local laws regarding the use of the App.
20. Dispute Resolution
Arbitration: Any disputes related to this Agreement will be resolved through binding arbitration in New Jersey, in accordance with the rules of the American Arbitration Association (AAA).
Binding Nature: The arbitration decision is final and binding, and you waive the right to a trial by jury or to participate in a class action.
Exclusions: Certain disputes, such as those seeking injunctive relief, may not be subject to arbitration and may be resolved in court.
21. Amendments
Right to Amend: Artila Studios reserves the right to modify this Agreement at any time.
Notification of Changes: Users will be notified of significant changes to the Agreement via email or an in-app notice/update.
Acceptance of Changes: Continued use of the App after changes are posted constitutes acceptance of the amended terms.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and Artila Studios regarding your use of the App and supersedes any prior agreements or understandings, whether written or oral.
23. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
24. Export Compliance
You agree to comply with all applicable export laws and regulations of the United States and other jurisdictions in connection with your use of the App. You will not export or re-export the App in violation of any such laws or regulations.
25. Third-Party Services
The App integrates with several third-party services to provide functionality and improve the user experience. By using the App, you acknowledge and agree to the following:
a. Supabase
Purpose: Supabase is used for user authentication, data storage, and managing metadata, including:
User account details (e.g., email, password, username, and profile picture paths).
Metadata related to AI-generated images, such as timestamps and usage patterns.
Privacy Policy: Supabase’s use of data is governed by their Privacy Policy.
b. Cloudflare R2
Purpose: Cloudflare R2 is used for storing:
AI-generated images created using the App.
Profile pictures uploaded by users.
No personal data is stored or processed in Cloudflare R2.
Privacy Policy: Learn more about Cloudflare’s data practices in their Privacy Policy.
c. OpenAI
Purpose: OpenAI provides the DALL-E 3 API, which powers the AI image generation functionality in the App.
Usage Policies: By using the AI generation feature, you agree to comply with OpenAI’s Terms of Service and Usage Policies.
Content Filtering: Prompts and generated content are subject to OpenAI’s automated content filtering to ensure compliance with community standards and legal requirements.
d. Google AdMob
Purpose: Google AdMob serves personalized advertisements within the App and may collect the following data:
Device information (e.g., device type, operating system, and unique identifiers).
App usage data (e.g., user interactions, preferences, and settings).
General location data (based on IP address or device settings).
Privacy Policy: Refer to Google Perspective API Privacy Policy for details on how your data is used.
e. Apple App Store
Purpose: All purchases, including subscriptions and in-app purchases, are processed through the Apple App Store. The following information is stored in Supabase for reference:
User ID linked to your App Store account.
Transaction IDs for purchases.
Privacy Policy: Apple’s data practices are governed by their Privacy Policy.
f. Google Perspective API
Purpose: Google’s Perspective API is used to analyze and filter User-Generated Content for offensive or inappropriate material.
Content sent for analysis includes only textual comments and does not include personally identifiable information (PII).
The Perspective API helps maintain a safe and respectful community environment within the App.
Privacy Policy: Learn more about Google’s data practices in the Perspective API’s Privacy Policy.
Disclaimer on Third-Party Services
We do not control how third-party services handle your data. You are encouraged to review the privacy policies and terms of service of these third parties for a complete understanding of their data practices.
26. User Feedback
Any feedback, suggestions, or ideas you provide regarding the App ("Feedback") are voluntary and you agree that Artila Studios may use the Feedback without any obligation to compensate you. By submitting Feedback, you grant Artila Studios a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, and create derivative works from your Feedback.
27. Age Restrictions
You must be at least 13 years old to use the App. If you are under 18, you may use the App only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly.
28. Contact Information
If you have any questions or concerns about this Agreement, please contact us:
Email: support@artilastudios.com
We aim to respond to all inquiries within 5 business days.