Bria Terms of Use
These terms of use, together with any other agreements or terms incorporated by reference, including our
"Privacy Policy" (available here) (the "Terms") set forth the basis on which you are permitted to access
and use the website located at Bria.ai and any other platform on which we might offer our services,
including, without limitation, any patches, revisions, updates, upgrades or replacement thereto and
associated services (the “Platform”) provided to you by Bria Artificial Intelligence Ltd. ("we" or
“Company”).
These Terms constitute a binding and enforceable legal contract between Company and you. By accessing
or using the Platform or Services in any manner, you acknowledge that you have read, understood, and
agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or another
legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms,
in which case the term “You” will refer to such entity and its affiliates. If you do not agree with these
Terms, you must not accept these Terms or use the Services.
Definitions
“Account” means an online account registered by you for the purpose of accessing and using
the Platform and Services, including API access credentials and authentication tokens.“Services” means features, tools and functionalities made available to users through Bria’s
Platform, including demonstration access to image creation demonstration tools and video
editing features, sample workflows, technical documentation, and information about Bria’s
technology, as provided through the Platform interface.
The Services
The Platform provides users with demonstration access to image creation and video editing
features, sample workflows, and technical documentation and specifications, implementation
guides, API documentation, and information about Bria’s proprietary technology, training
methodologies, and intellectual property framework. Certain Services, including but not
limited to API access, advanced AI model features, and commercial use rights, are available
exclusively to users with active paid subscriptions or valid licensing agreements.We may update the Services from time to time at our discretion, including adding or removing
functions.
Registration and User Account
Establishing an Account. The Services made available on the Platform may require you to
open an Account; you must complete the registration process by providing current, complete
and accurate information as prompted by the applicable registration form and must keep all
information in your account, including email address and contact information, up to date.Right to Access. For such time as these Terms are in effect, we hereby grant you a personal,
limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use
the Services and Platform solely for your own personal and non-commercial use, and provided
that you comply with the provisions of these Terms. Except for the foregoing right, nothing
under these Terms grants you any right or licenses to any of the Company’s or third party’s
intellectual property rights.Account Information. you must safeguard and not disclose your Account username and password and you must supervise the use of such Account. you must provide us accurate and complete information in order to create an Account. you agree to keep your Account
information up to date and accurate. you ARE SOLELY AND FULLY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY AND SECURITY OF THE ACCOUNT
USERNAMES AND PASSWORDS. you ARE SOLELY AND FULLY RESPONSIBLE FOR
ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. you must notify us
immediately of any unauthorized use of your Account or any other breach of security.Purchases Through the Platform. If you make any purchase using the Platform, each such
purchase will be subject to the terms and conditions mentioned with any purchase, including
any applicable payment terms, delivery terms, refund policies, and licensing agreements. You
agree to review and comply with all such terms and conditions before completing any purchase
transaction.Use of Data. Company may collect and process personal and other usage data, all in accordance
with the terms detailed in our Privacy Policy.Ability to Accept. The Services are only intended for individuals aged eighteen (18) years or
older. If you are under 18 years please do not use the Services. If you wish to provide access
to your Account to any individual which is under the age of 18, then you must make sure his/her
parent or guardian understand these Terms and specifically giving their consent before using
the Services.
User Obligations and Restrictions
Obligations. In connection with your use of the Services, you agree to comply with all
applicable laws, rules and regulations, including those regarding data privacy and intellectual
property rights.License. You grant us a worldwide, non-exclusive license to host, copy and use any
information or data provided by you to the Company in order to provide you with the Services.
Subject to this limited license we do not acquire any right in your data and you or your licensors
retain all rights and ownership to your data. You warrant that you have full rights to provide to
us any data that you provide through the Services. The Services are not intended to be used as
storage, backup or archiving services. To the extent relevant, it is your responsibility to back
up your data and you are responsible for any lost or unrecoverable user data.Use of Demo Tools. Any use of demonstration tools, sample workflows, or other features
showcasing Bria’s models, products, or Services as made available on the Platform, shall be
governed by and subject to Bria’s Online Terms and Conditions, as published and updated from
time to time on the Platform. By accessing or using any such demonstration tools, you
acknowledge that you have reviewed and agree to comply with the applicable Online Terms
and Conditions.Restrictions. As a condition to your right to access and use the Services and the Platform, you
must not misuse the Services. For example, you may not, whether by yourself or anyone on
your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by
any means other than the interface we provided or authorized; (b) circumvent any access or use
restrictions put into place to prevent certain uses of the Services; (c) use the Services to store,
share or transmit content which is unlawful, infringing, harmful or which violates any person’s
rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair,
or destroy the Services, or Platform; (e) reverse engineer or decompile the Services, attempt
to do so, or assist anyone in doing so; (f) use outputs generated by the Services to train, develop,
or improve any other artificial intelligence or machine learning models, whether for your own
use or for third parties; (g) extract, scrape, or systematically collect data from the Services using automated means; (h) use the Services to generate content that violates any person’s publicity,
privacy, or data protection rights; (i) remove, obscure, or alter any attribution, watermarks, or
metadata embedded in Outputs by Company’s attribution technology; or (j) use the Services in
any manner that could damage, disable, overburden, or impair Company’s infrastructure or
interfere with any other party’s use of the Services.Linking. The Company permits you to link to the Platform provided that: (i) you link to (but
do not replicate) any page on this Platform; (ii) the hyperlink text shall accurately describe the
content as it appears on the Platform; (iii) you shall not misrepresent your relationship with the
Company or present any false information about the Company, and shall not imply in any way
that we are endorsing you or any services or products, unless we have given you our express
prior consent to do so; (iv) you shall not link from a website which prohibits linking to third
parties; (v) the platform from which you link to the Platform does not contain content that (a)
is offensive or controversial (both at our discretion), or (b) infringes any intellectual property
rights; and/or (vi) you, and any such third party platform, comply with these Terms and
applicable law.
Intellectual Property Rights
Retention of Rights. All rights not expressly granted to you under these Terms are reserved
by Company. We reserve all rights, title and interest to the Services, the Platform and any of
their related intellectual property rights. These Terms do not convey to you an interest in or to
Company’s intellectual property rights. Nothing in the Terms constitutes a waiver of
Company’s Intellectual Property Rights under any law.Use of Content. Content contained as part of the Services and/or displayed on the Platform is
provided to you for your information and personal use only and may not be used, modified,
copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise
exploited for any other purposes whatsoever without our prior written consent. If you download
or print a copy of the content you must retain all copyright and other proprietary notices
contained therein. In any event you wish to use, publish, copy, distribute, transmit, broadcast,
display or otherwise exploit such content, please be in touch with us in order to receive our
written consent.Feedback. To the extent you provide us any feedback, comments or suggestions ("Feedback"),
you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to
incorporate the Feedback into the Services or any of our current or future products or services.Copyright Policy. We respect the intellectual property rights of others. In accordance with the
Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, we have
adopted a policy of, without notice, restricting access to or deleting content that infringes or
deemed as infringing a third party’s copyright and, in appropriate circumstances and in our sole
discretion, terminating account holders or other users of the Services who are deemed to be
repeat infringers of a third party’s copyrighted work. If you believe that anything on the
Services infringes any copyright that you own or control, you may file a notice of such
infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3) to the Company. To
file a notice of infringement with us, the requirements specified in Title II of the DMCA must
be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located
at: https://www.copyright.gov.
Indemnification.
you will indemnify, defend, and hold harmless Company, its affiliates, subsidiaries,
officers, directors, employees, agents, licensors, data partners, and service providers from and against
any and all third-party claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use or misuse
of the Services or Platform; (b) your inputs, outputs, or any content you create, distribute, or publish
using the Services; (c) your violation of these Terms or any applicable laws, regulations, or third-party
rights; (d) any claim that your use of the Platform or the Services infringes, misappropriates, or violates
any intellectual property, privacy, publicity, or other rights of any third party; (e) your breach of any
representations or warranties made herein; or (f) any negligent or willful misconduct by you or anyone
using your Account. This indemnification obligation will survive termination of these Terms and your
use of the Services.
Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE FOR (I) INCIDENTAL, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR
REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL,
IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO
USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE PLATFORM OR
SERVICES EXCEED AN AMOUNT OF US$100.THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY EVEN IF THE
COMPANY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE
POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; EVEN IF ANY REMEDY IN THESE
TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY
OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE,
MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT
LIABILITY.THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, or of other damages, and to the extent applicable to you, such exclusions and
limitations shall not apply. Furthermore, nothing in these Terms shall be deemed to exclude or
limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent
misrepresentation.
Term and Termination
Term. These Terms commence on the date you first accept them and will remain in effect until
these Terms are terminated.Termination. You may stop using the Services at any time and you may delete your Account.
We may suspend or terminate your access to the Services at any time at our discretion and
without notice if you do not comply with these Terms. If you wish to terminate your account,
you may do so by providing written notice of termination through the Services and
subsequently deleting the Services from your device and/or ceasing from entering the
Planform. If you terminate your Account, your data will be removed from the Service, however,
deletion may not be immediate and Company may continue keeping your information in its
records for audits and other administrative purposes.Survival. The provisions of these Terms that, by their nature and content, must survive the
termination of these Terms in order to achieve the fundamental purposes of these Terms shall
so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights,
Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and
General sections, will survive the termination or expiration of the Terms.
Third Party Software.
you acknowledge and agree that the Services may include, or require you to
install and use, certain publicly available software (“Third Party Software”), as specified on the Platform, in the documentation and on the Platform. You agree to be bound by the terms governing
the Third-Party Software with regards to the use thereof. The Company does not, and shall not, assume
any responsibility or liability with respect to any Third-Party Software, its integrity, completeness,
accuracy, reliability and/or quality, and Company does not guarantee or assume any responsibility or
liability that any such Third-Party Software will function as described by the third party providing it.
Furthermore, Company does not, and shall not, assume any responsibility or liability to any content
offered, published, displayed and/or suggested through any Third-Party Software.Compliance and Export Controls. You represent and warrant that: (a) you are not located
in, organized under the laws of, or ordinarily resident in any country or territory subject to
comprehensive U.S. economic sanctions; (b) you are not identified on any U.S. government list of
prohibited or restricted parties; (c) you will comply with all applicable export control laws and
regulations, including the U.S. Export Administration Regulations and sanctions programs
administered by the Office of Foreign Assets Control; (d) you will not use the Services for any
purposes prohibited by applicable law, including the development of weapons of mass destruction
or other prohibited end uses; and (e) you will not permit access to the Services by any person or
entity subject to such restrictions.
General
Governing Law and Jurisdiction. The use of the Services and/or the Platform as well as the
interpretation and application of these Terms will, be governed solely by the laws of the State
of New-York, USA, without any reference to conflict of law provisions. Before initiating any
legal proceedings, the parties agree to attempt to resolve any dispute arising out of or relating
to these Terms or the Services through good faith mediation. Either party may initiate
mediation by providing written notice to the other party. The parties will jointly select a
mediator and share the costs of mediation equally. If the dispute is not resolved within sixty
(60) days of the mediation notice, either party may proceed with formal legal action. You
hereby consent to the exclusive jurisdiction and venue of courts in New-York City, NY USA,
and stipulate to the fairness and convenience of proceedings in such courts for all disputes
arising out of or relating to the use of the Services and/or the Platform. The use of the Services
and/or the Platform is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms, including, without limitation, this paragraph. The Company or its affiliate may
bring suit for payment in the country where your entity is located. you and Company agree that
the United Nations Convention on Contracts for the International Sale of Goods will not apply.Changes to Terms. Company may change the Terms from time to time, and such change will
become effective upon the date on which it is posted on the Platform. you are responsible for
checking the Platform regularly for such changes. By continuing to access or use the Services
you agree to be bound by the revised Terms.Severability. If any part of these Terms is deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the rest of these Terms
and shall not affect the validity and enforceability of any of the remaining provisions of these
Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner
consistent with applicable law to reflect, as closely as possible, the original intent of the parties.Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be
construed as a waiver of any preceding or succeeding breach of any of the provisions of these
Terms.Relationship. Nothing in these Terms shall be construed as creating any agency, partnership,
trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.Entire Agreement. These Terms contain the entire agreement between Company and you
relating to your use of the Services and supersedes any and all prior agreements between
Company and you in relation to the same. you confirm that, in agreeing to accept these Terms,
you have not relied on any representation except as has expressly been made by Company in
these Terms.Assignment. you may not assign your rights or delegate your obligations under these Terms
without Company’s prior written consent. Any purported assignment contrary to this section
will be null and void. Company may assign its obligations hereunder.No Third-Party Rights. There are no third-party beneficiaries to these Terms. Without
limiting this section, Users are not third-party beneficiaries to your rights under these Terms.