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Terms of Service#

Effective Date: January 23, 2024

1. Introduction and Acceptance of Terms#

We, the team behind Eden, are dedicated to making tools that help people create and share generative art and media, and build interactive applications for their audiences. We hope you love our products and services as much as we love creating them.

By accessing and using Eden's services, you agree to be bound by these Terms of Service ("Terms") which describe our commitments to you, and your rights and responsibilities when using our services. These Terms apply in perpetuity unless explicitly superseded or modified. Please read these Terms carefully. If you do not agree with any part of these Terms, please discontinue use of our services immediately.

2. Service Description#

We strive to continuously improve our Services, and reserve the right to modify, enhance, or discontinue any feature without prior notice. While we aim to provide a high-quality experience, we cannot guarantee uninterrupted service or the maintenance of existing features.

3. Age Requirement#

Our services are intended for users who are at least 18 years old. By using Eden, you confirm that you are of legal age to form a binding contract.

4. Rights Granted to Eden#

You retain full ownership over all of the content you generate using our Services, while granting us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, display, reproduce, create derivative works of, and distribute your content in promotional materials and for the purpose of improving our services, including training our models.

5. Content and Conduct Guidelines#

We are committed to maintaining a respectful community. You agree not to post or share content that is hateful, defamatory, containing spam or unsolicited commercial material, or otherwise deemed abusive by the sole discretion of Eden. Violations of these guidelines may result in disciplinary actions against the offending account, including possible termination.

6. Fees for Paid Features#

Some features of Eden are available for a fee. We reserve the right to modify pricing, introduce new paid features, or change the features included in paid plans at any time. Users will be notified of any pricing changes via email, and such changes will come into effect following a notice period of at least 30 days.

7. Intellectual Property Respect#

You must respect the intellectual property rights of others. In case of a claim of infringement, we will verify the claim and, if substantiated, take down the infringing content in compliance with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed on our platform, please send a takedown notice to info@eden.art.

8. Privacy Policy#

Our Privacy Policy, detailing how we handle personal information, can be found at Eden Privacy Policy.

9. Indemnification#

You agree to indemnify and hold harmless Eden, its affiliates, officers, and employees from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to your use of our services, your content, or your violation of these Terms. This indemnification obligation covers all types of claims and actions.

10. Updates to Terms#

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms and by notifying users via email.

11. Severability, Waiver, and Complete Agreement#

If any part of these Terms is found to be unenforceable or invalid, that part will be modified to reflect the parties' intention or severed so that the remainder of the Terms will continue in full force and effect. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms. These Terms constitute the complete and exclusive agreement between Eden and you regarding our services.

12. Limitation of Liability#

To the fullest extent permitted by law, Eden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access our services.

13. Governing Law and Dispute Resolution#

These Terms shall be governed by the laws of the State of California, USA. Any disputes arising from these Terms will be resolved exclusively in the courts located in California.

14. Changes to the Terms#

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms or through other appropriate communication channels.

15. Contact Information#

If you have any questions about these Terms, please email us at info@eden.art.