Terms of Service

Please read these terms and conditions carefully before using Our Service.

1.1 Interpretation and Definitions

Interpretation of the words in which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.

Definitions For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rubii Corp.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

Assets (also referred to as Generated Assets) means the images, text, dialogue, and other outputs that the Service generates when You use it.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

Service refers to the Application.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1.2 Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

The standards that all characters, moments, images, chats, and other content You create, post, or share must meet are set out in our Content Rules, which are incorporated into and form part of these Terms and Conditions. You agree that Your use of the Service will comply with the Content Rules and with all applicable laws in Your jurisdiction.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

Please read Our Privacy Policy carefully before using Our Service. User Accounts When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Account is for Your personal use only. You agree not to sell, transfer, license, or assign Your account, username, or any account rights to any third party. All activity that occurs under Your Account is Your sole responsibility. You are responsible for ensuring that Your use of the Service and any Content You post complies with all applicable local, state, national, and international laws and regulations of Your jurisdiction.

Content

Your Content and Generated Assets

When You use the Services, two different kinds of materials are involved, and these Terms treat them differently. Please read this carefully so the distinction is clear:

• Your Content — materials You upload, input, or otherwise provide, such as images, audio, text, and the descriptions, personas, and other details You use to create characters (this is the "Content" defined above). Your Content is Yours.
• Generated Assets — the images, text, dialogue, and other outputs the Services produce when You use them (these are the "Assets" defined above). Generated Assets are produced by the Services' AI.

You are responsible for the Content You provide, including its legality, reliability, and appropriateness, and for ensuring it complies with the laws of Your jurisdiction.

Your Content (what You provide). As between You and the Company, You retain all rights in Your Content and are responsible for protecting those rights. Nothing in these Terms transfers ownership of Your Content to the Company, and Your Content does not become the Company's merely because You used it with the Services or used it to create a character. The terms governing Generated Assets below do not change Your ownership of Your Content.

Generated Assets (what the Services produce). As between You and the Company, You own the Assets You generate with the Services, to the extent they are protectable under applicable law.

License You grant to the Company. So that the Company can operate and provide the Services to You and to others, You grant the Company a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up license to use Your Content and the Generated Assets You create, only within the scope reasonably necessary to operate, provide, maintain, promote, and improve the Services. In particular, the Company may:

(a) display and distribute them on and through the Services;

(b) make the technical changes needed to do so, such as generating thumbnails, previews, and cached copies;

(c) edit, obscure, or remove any part that violates our Content Rules or applicable law.

The Company will use Your Content and Generated Assets only as reasonably necessary for the purposes above, and not for unrelated purposes. This license also allows the Company to make Your Content and Generated Assets available to other users of the Services, who may use and create derivative works of them subject to these Terms. For example, when another user sends a message to a character You created, the character's reply is generated from Your Content and is therefore a derivative work of it; this license is what allows such interactions to take place.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and complies with all applicable laws and regulations of Your jurisdiction. To the extent permitted by applicable law, You also agree not to exercise any moral rights or rights of attribution You may have in Your Content or the Generated Assets You create against the Company or those it authorizes, in connection with the uses described above.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You must ensure all Content You transmit complies with all applicable local, state, national, and international laws and regulations of Your jurisdiction.

You must not create, post, or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, or otherwise objectionable. The specific categories of prohibited content are set out in our Content Rules, which You agree to comply with.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content.

The Company further reserves the right to make formatting and edits and change the manner of any Content.

The Company can also limit or revoke the use of the Service if You post such objectionable Content or Content that violates applicable laws.

As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.

You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and

You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

1.3 AI Generated Content Restrictions

Users should understand that the Service is a platform that integrates third-party AI models. The accuracy, reliability, and nature of generated content are determined by these third-party providers.

Due to the random and unpredictable nature of AI generation, the AI system may potentially be manipulated to generate inappropriate or illegal content. Users must understand and agree to the following:

1. Users shall not use the Service to induce AI to generate any prohibited content. The categories of prohibited content are set out in our Content Rules.

2. The Company explicitly disclaims all liability for any illegal or inappropriate content generated through the AI models. As we only provide the platform and do not control the AI models:

   • All responsibility for AI-generated content lies with the model providers and the users
   • Users acknowledge that they are directly interacting with third-party AI models
   • Any legal consequences arising from inappropriate or illegal generated content shall be borne by the model providers and/or users
   • The Company bears no responsibility for the training data, generation capabilities, or outputs of the third-party AI models

3. The Company reserves the right to:

   • Monitor and review AI-generated content
   • Remove any content that violates our terms or applicable local laws
   • Suspend or terminate user accounts involved in generating illegal content or content violating applicable laws
   • Cooperate with law enforcement agencies and provide user information when required by law
   • Take any other necessary measures to prevent abuse of our AI system

4. By using our platform's AI generation features, users:

   • Acknowledge that they are utilizing third-party AI models
   • Accept all risks associated with AI-generated content
   • Agree to comply with all applicable laws and regulations of their jurisdiction
   • Understand that the Company only provides the platform interface and is not responsible for the AI models' behavior or output
   • Accept that any legal disputes regarding generated content should be directed to the model providers and/or users themselves

The Company reserves the right to take measures against users who violate the above provisions, including but not limited to warnings, restrictions, or termination of service use.

1.4 Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

1.5 Age Requirement

You must be at least 13 years old to use the Services. If You are a resident of the European Union, You must be at least 16 years old. If You are under the age of majority in Your jurisdiction, You may use the Services only with the consent and supervision of a parent or legal guardian. By using the Services, You represent and warrant that You meet these age requirements.

1.6 Acceptable Use

You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account, and each user may have only one account.

We reserve the right to rate limit Your use of the Services to prevent quality decay or interruptions to other users.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action We deem appropriate, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate relating to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.

1.7 Service Availability

We are constantly evolving the Services to make them better for You. The Services are subject to modification and change, including the art style of Assets, the algorithms used to generate Assets, and the features available to You. We make no guarantees regarding the Services' quality, stability, uptime, or reliability, and You should not create any dependency on any attribute of the Services or the Assets.

1.8 Your Information

When You use the Services, You may provide the Company with personal information such as Your email address, username, billing information, favorites, image outputs, and the text prompts You enter or sample images You upload. How We handle Your personal information, and the rights You have with respect to it, are described in our Privacy Policy. Both parties agree to comply with all applicable data protection laws.

2. Copyright Policy

2.1 Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

2.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

3. Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

4. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

5. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

6. Limitation of Liability and Indemnification

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

You are responsible for Your use of the Services. You agree to indemnify, defend, and hold harmless the Company from any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Services or Assets; (b) Your Content; or (c) Your violation of these Terms or any applicable laws or regulations.

7. "AS IS" and "AS AVAILABLE" Disclaimer

The Service and the Assets are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, including any warranty of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using or redistributing any Assets.

To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8. Governing Law

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Singapore, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws of Your jurisdiction.

9. Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

• All legal claims arising out of or relating to these Terms (including any dispute regarding their interpretation or performance) (a "Dispute") will be governed by the laws of Singapore.
• The parties will try in good faith to settle any Dispute within 30 days after it arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC in force as of the date of these Terms, using the Expedited Procedure where applicable.
• Class Action Waiver. You and the Company agree to bring any Dispute only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.
• The parties will mutually select one arbitrator. The seat of the arbitration will be Singapore and the arbitration will be conducted in English.
• Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration.
• The arbitral award will be final and binding on the parties and may be entered in any competent court.
• Each party will bear its own legal and expert fees and expenses, regardless of the arbitrator's final decision.

10. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

11. The United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

12. General

12.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

12.3 Force Majeure

Neither party will be liable for any 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.

12.4 No Agency

These Terms do not create any agency, partnership, or joint venture between the parties.

12.5 No Third-Party Beneficiaries

These Terms do not confer any benefit on any third party unless expressly stated.

12.6 Survival

The provisions of these Terms that by their nature should survive termination will survive, including ownership and intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

13. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

14. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

15. Subscription

Once you create a Rubii Account (defined below), you can choose one of the subscription programs offered in Rubii:

15.1 "Free Use": a free-of-charge program. The "Free Use" is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion.

15.2 "Rubii +": a subscription-fee based program, which gives full access to the Service.

You can become a subscriber to a paid subscription program (the "Paid Subscriptions") by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (e.g. Apple iTunes Store and Google Play store).

Any of our paid subscriptions shall be paid in monthly installments and processed by the App marketplace partner through which you originally acquired the subscription.

You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription after due date, you will automatically downgrade to "Free Use".

The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period to avoid billing of the next subscription fee to the Payment Method you provided. You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. Refunds for purchases made through an App marketplace are subject to that marketplace's refund policies; in addition, refund requests handled directly by Us are evaluated case-by-case under our Refund Policy.

16. Ruby

Ruby is a currency that can be used to purchase assets in the Service.

You can purchase Ruby by purchasing a subscription to the Service or buy ruby with one-time payment.

17. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]

This website is owned and operated by Rubii Corp.