Terms of Service

Last modified [30/08/2024]

Welcome to BasedLabs AI!

These Terms of Service ("TOS") govern your use of our website at https://www.basedlabs.ai/ (the "Website").

Before using the Website or Services, you must carefully review and agree to these TOS. Understanding your rights, responsibilities, and limitations while using the Website and Services is crucial. If you have any questions about the TOS, please contact us for clarification.

The Website and Services are intended for users over 18 years old. If you're under 18, you must not access or use the Website or Services. For more information, refer to our Underage Policy at https://www.basedlabs.ai/legal/underage

1. ABOUT BasedLabs AI

BasedLabs AI is owned and operated by BasedLabs AI, Inc, registered in Delaware, USA, with its primary business location in San Diego.

We offer users the ability to create with various AI tools and engage in conversations with other users or AIs with chat functionality. Users can create AI media as well as see media published by others.

BasedLabs AI can generate images based on text descriptions. While we aim to ensure the safety and appropriateness of generated images, we cannot guarantee this. We are not liable for any consequences resulting from the use of our image generation feature. We encourage responsible use and awareness that generated images may not be accurate or realistic.

To use our Services, you must register a BasedLabs AI user account using either social login (Discord, Google) or an email address and password.

We offer core Services free of charge, providing basic functionalities. Additional credits can be purchased to access the full range of features detailed on the Website.

2. YOUR ACCEPTANCE OF THESE TOS

By accepting these TOS and using the Website or Services, you confirm that:

  1. You are over 18 years old and legally capable of accepting and complying with these TOS.
  2. You agree to follow all provisions of these TOS in good faith.
  3. You have never been previously banned or excluded from using our Website or Services.

To access and use the Website or Services, you must also review and agree to our Privacy Policy and Community Guidelines.

If you disagree with these TOS, our Privacy Policy, our Community Guidelines, or any other policies governing the use of the Website or Services, please refrain from using them and remove any downloaded applications and related content.

3. MODIFICATIONS AND NOTIFICATIONS

We reserve the right to modify or discontinue the Website or Services (partially or entirely) at any time, with or without notice. We are not obligated to maintain or update the Website or Services. By using them, you acknowledge that BasedLabs AI is not liable to you or any third party for any modifications, suspensions, or terminations.

Unless stated otherwise, any new features enhancing or augmenting the existing Website or Services will be subject to these TOS. We may revise these TOS at any time and recommend reviewing them whenever you use the Website or Services. Your continued use indicates acceptance of the latest version. For significant changes to these TOS, we will notify you upon accessing the Website or Services and/or via email (if available).

4. RELATIONSHIP BETWEEN TOS AND OTHER POLICIES

These TOS govern your use of the Website and Services. However, they work in conjunction with several other important policies:

  1. Privacy Policy: Outlines our practices for collecting, using, and protecting your personal information.
  2. Community Guidelines: Defines expected user behavior and interactions.
  3. Blocked Content Policy
  4. DMCA Policy
  5. Complaint Policy
  6. Refund Policy
  7. Cancellation Policy
  8. Underage Policy

All these policies, including the TOS, Privacy Policy, and Community Guidelines, are binding agreements that regulate your interaction with the Website and Services. They collectively ensure a safe and enjoyable experience for all users.

5. LINKS TO AND FROM THE SERVICE

External Links

The Service may contain links to third-party websites, applications, and social media platforms not owned or managed by BasedLabs AI. Please note:

  • BasedLabs AI does not control these third-party platforms and is not responsible for their content, privacy practices, or conduct.
  • Your use of these platforms is at your own discretion.
  • These links are provided for informational and convenience purposes only.
  • The presence of these links does not imply endorsement, support, or affiliation with the linked content or its administrators.
  • BasedLabs AI cannot monitor or alter the content of any third-party platform.

By using the Website and Services, you release BasedLabs AI, its affiliates, and their respective officers, directors, employees, representatives, stakeholders, licensors, licensees, and vendors (collectively, the "BasedLabs AI Entities") from any liability arising from your interactions with third-party websites or digital services. The BasedLabs AI Entities are not liable for any loss or damage resulting from such engagements.

We recommend exercising caution when leaving the Website and Services and carefully reviewing the terms and conditions of each external site you visit.

Linking to the Website

Unless otherwise agreed in writing with BasedLabs AI, you may create a link to the Website from your website, provided you adhere to these conditions:

  1. Do not frame the Website or any part of it.
  2. Do not interfere with or disrupt the "back" button functionality of an end-user's browser.
  3. Use only plain text to represent the BasedLabs AI name; do not use BasedLabs AI logos.
  4. Do not imply that BasedLabs AI endorses or is affiliated with you or your website.
  5. Do not place the link on any site that is defamatory, harassing, obscene, malicious, or offensive, or in a manner that could harm BasedLabs AI's reputation or rights.

BasedLabs AI reserves the right to revoke your permission to link to the Website at any time, with or without reason.

6. USER SUBMISSIONS

Users can submit feedback, annotations, text, graphics, photos, videos, materials, data, comments, ideas, knowledge, techniques, or other content ("User Submissions") to the Website and Services. These submissions may be stored, distributed, or displayed through the Website and Services. For instance, users can upload text, photos, and illustrations.

While BasedLabs AI values your input, please note:

  1. Except for personal data collected as per our Privacy Policy, User Submissions are considered non-confidential and non-proprietary.
  2. BasedLabs AI provides no guarantee of confidentiality for User Submissions, offers no compensation, and has no obligation to acknowledge or display them.

Your Responsibility

You are solely responsible for your User Submissions and the consequences of sharing or publishing them.

Ownership and License

BasedLabs AI does not claim ownership of your User Submissions. However, by submitting content, you grant BasedLabs AI and its successors, assignees, and affiliates a worldwide, unrestricted, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, promote, perform, and otherwise exploit all intellectual property rights in the User Submissions in connection with the Website, Services, and BasedLabs AI's operations.

You also grant each user of the Website and Services a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website and Services, and to use, reproduce, distribute, create derivative works from, display, and perform such User Submissions as permitted by the Website and Services' functionality and these TOS.

Modified Content

Any derivative content, modifications, edits, or alterations made by or on behalf of BasedLabs AI to User Submissions ("Modified Content") becomes the sole and exclusive property of BasedLabs AI. You transfer all rights, title, and interests in the Modified Content to BasedLabs AI.

User Guarantees

In relation to User Submissions, you confirm that you will not:

  1. Submit copyrighted or proprietary content without proper rights or permissions.
  2. Share false or misleading information that could harm BasedLabs AI or any third party.
  3. Submit content related to gambling, gaming, or sweepstakes requiring an entry fee.
  4. Submit inappropriate content.

You agree to cover all royalties, fees, and payments due to any entity because of your User Submissions.

BasedLabs AI's Rights and Responsibilities

BasedLabs AI does not endorse any User Submission or opinion therein and disclaims all liability associated with User Submissions. While BasedLabs AI may not always monitor User Submissions, it reserves the right to monitor, modify, edit, or remove Content and block users without notice for any reason.

BasedLabs AI prohibits activities infringing on intellectual property rights and will remove infringing Content upon proper notification (see Section 11).

User Acknowledgment

You understand that when using the Website and Services, you may encounter User Submissions that are inaccurate, offensive, indecent, or objectionable. You waive any legal claims against BasedLabs AI and BasedLabs AI Entities related to such encounters. You agree to indemnify, defend, and hold harmless BasedLabs AI and BasedLabs AI Entities regarding any matters arising from your use of the Website and Services.

7. USERS WHO BREACH Terms of Service OR COMMUNITY GUIDELINES

BasedLabs AI reserves the right to deactivate, partially deactivate, or terminate the accounts of users who violate these TOS or the Community Guidelines. This includes, but is not limited to:

  1. Users who share User Submissions that infringe on copyrights, trademarks, publicity rights, or other intellectual property rights, especially if done repeatedly.
  2. Users who fail to pay applicable fees for using the Website and Services.
  3. Users who provide false or misleading information.
  4. Users who violate these TOS, including any warranties.
  5. Users who violate our standards on adult nudity and sexual conduct or any other Community Guideline.
  6. Users who misuse or challenge BasedLabs AI's rights in the Content.

8. RESTRICTIONS ON USE OF THE SERVICE

In using the Website and Services, you must comply with our Community Guidelines. Specifically, you must not:

  • Use the Service for any purpose not explicitly authorized by BasedLabs AI.
  • Copy, extract, or share any part of the Service without BasedLabs AI's express written permission.
  • Modify, adapt, or create derivative works from any part of the Service without explicit written permission from BasedLabs AI.
  • Alter, reproduce, share, retrieve, or use any Service content except for your lawful content published on or associated with the Service.
  • Provide false personal information or create an account for someone else without authorization.
  • Include another person in a photo without their consent.
  • Create a new account after your account has been deactivated without our approval.
  • Share your login details or allow others to use your account.
  • Assign or transfer your account or login credentials to any other party.
  • Use automated tools or crawlers with the Service, except for general-purpose internet search engines and non-profit public archives using tools solely for presenting hyperlinks to the Service.
  • Publish, submit or generate prohibited content, including confidential, false, threatening, defamatory, obscene, or illegal material as outlined in our Blocked Content Policy.
  • Violate intellectual property rights or upload copyrighted material without permission.
  • Use the Service in a way that could harm or disrupt the Service or other users' engagement.
  • Access content via unauthorized means or promote gambling, contests, or misleading activities.
  • Misrepresent your identity or collect private information of other members.
  • Send unsolicited communications or engage in disruptive activities or spam.
  • Remove or interfere with advertisements associated with the Service.
  • Encourage users to join or contribute to entities other than BasedLabs AI.
  • Introduce harmful software or viruses, intimidate, harass, or endanger minors.

BasedLabs AI will fully cooperate with law enforcement agencies or court orders requiring the disclosure of anyone breaching these Terms of Service.

We prioritize the online safety of children and do not knowingly collect information about children under 18 years old. Do not post any personal data or information identifying a child under 18 years old on or through the Website and Services. If you are under 18 years old, do not attempt to provide information or use the Website and Services.

9. INTELLECTUAL PROPERTY

All content on the Website and Services, including but not limited to graphics, videos, audio clips, text, software, photos, scripts, interfaces, artistic elements, templates, design structures, and interactive functionalities ("Content"), as well as trademarks, service marks, and logos ("Marks"), are either owned by or licensed to BasedLabs AI. This Content is protected by the United States, and/or international intellectual property laws and treaties.

BasedLabs AI holds copyright in the selection, organization, arrangement, and enhancement of the Content. Unauthorized use of materials on the Website and Services or the Marks may violate copyright, trademark, and other legal rights. BasedLabs AI and the BasedLabs AI logo are trademarks of BasedLabs AI, INC

Permitted Use

For personal use, you may view, copy, and print pages from the Website and Services. However, any duplication, download, modification, reproduction, distribution, display, performance, broadcasting, transmission, or exploitation of the Website and Services without prior written approval from the relevant owners is strictly prohibited.

BasedLabs AI retains all rights not explicitly granted regarding the Website and Services, the Content, and the Marks. You agree not to use, copy, download, or distribute any Content unless explicitly permitted herein, including for commercial purposes associated with third-party User Submissions accessed via the Website and Services.

Restrictions

Except for the images / videos you've created on BasedLabs AI, the following activities are prohibited without explicit written permission from BasedLabs AI:

  • Integrating, broadcasting, or conveying the Content through any software or hardware platform, frames, or in-line links
  • Creating, reproducing, promoting, or disseminating an index of notable parts of the Content
  • Using the Content to establish any form of business

If you duplicate, screenshot, download, or print portions of the Content for personal use, you must retain all embedded copyright and proprietary indicators.

You agree not to bypass, disable, or otherwise interfere with Website and Services security features or those limiting the use or copying of any Content. Scraping or extracting data from the Website and Services is strictly prohibited.

10. ADVERTISEMENT DISCLAIMER AND RELEASE OF LIABILITY

BasedLabs AI does not take responsibility for advertisements or any third-party content showcased or transmitted through the Website and Services. Our endorsement of services provided by advertisers or other content on the Website and Services ("Advertisers") is not implied.

Any interactions you have with Advertisers on the Service are strictly between you and the Advertisers. BasedLabs AI cannot be held accountable for any losses or claims you might incur as a result of dealings with an Advertiser.

Release of Liability

By using the Website and Services, you explicitly agree to release BasedLabs AI and BasedLabs AI Entities from any claims, demands, or damages arising from or connected to:

  1. Your use of the Website and Services
  2. Your interactions with Advertisers or other third parties

Additionally, you voluntarily waive any rights and benefits that might be conferred by any law intending to limit the extent of such a release or waiver.

11. NOTICE AND PROCEDURE FOR SUBMITTING CLAIMS OF INTELLECTUAL PROPERTY VIOLATION

If you believe that any Content or User Submissions on the Website and Services infringe upon your copyright or violate your intellectual property rights, you may submit a notice under the Digital Millennium Copyright Act ("DMCA"). Please provide a written notification containing the following information (as per 17 U.S.C. 512(c)(3) and 512(d)):

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are involved.
  3. Details identifying the infringing material or activity and information reasonably sufficient to locate it.
  4. Your contact information: address, telephone number, and email address (if available).
  5. A statement asserting your good faith belief that the use of the material is unauthorized by the copyright owner or law.
  6. A statement confirming the accuracy of the notification and your authority to act on behalf of the copyright owner.

Direct DMCA notifications to: ADDRESS Email: [email protected]

Please note that false claims or misrepresentations may result in legal consequences. DMCA notifications should only be sent for instances of alleged copyright infringement or intellectual property rights violations.

12. TRADEMARKS AND CELEBRITY RIGHTS PROTECTION

BasedLabs AI is committed to addressing claims of Content that potentially infringes on trademarks or rights associated with celebrities.

Trademarks

Trademarks include logos, brand names, and trade dress (the unique visual appearance of a product or its packaging).

Right of Publicity

Celebrities, and sometimes others, have a "right of publicity," which gives them control over the commercial use of their name, image, likeness, and other personal identity elements. Using a celebrity's name or image on the Website and Services without explicit consent may infringe upon their rights.

Filing a Claim

If you are a trademark holder or a celebrity concerned about potential infringements on the Website and Services, submit a claim of infringement to our representative as mentioned in Section 11. To file a claim, you must either be the celebrity or trademark holder, or an authorized agent acting on their behalf.

For trademark or trade dress violation claims, please provide:

  1. Documentation demonstrating your ownership of the trademark (e.g., a trademark registration certificate issued by the government authority).
  2. The exact location on the Website or Services where you suspect the infringement is occurring.

13. MISTAKES, DISCREPANCIES, AND OVERSIGHTS

The information provided on the Website or Services may occasionally contain typographical errors, inaccuracies, or omissions. We reserve the right to:

  1. Correct any errors, inaccuracies, or omissions.
  2. Modify or update information if any detail on the Website or Services or any associated website is found to be incorrect, at any time and without prior notice (including after your registration submission).

Please note:

  • We do not undertake to review, correct, or update information within the Website or Services or any linked website unless legally required.
  • The absence of a specific revision or update date within the Website or Services or any associated website should not be construed as an indication that all information has been reviewed or updated.

14. REFUND POLICY

This Refund Policy outlines the terms for BasedLabs AI subscriptions. Refund requests are reviewed and processed within 14 days.

General Refund Policy

BasedLabs AI does not typically offer refunds for paid subscriptions. However, in limited cases, we may provide a refund if we have made a mistake or if there is a technical issue with the service.

Refunds for Other Payment Methods

For subscriptions purchased through other methods, contact BasedLabs AI support. We'll review your request on a case-by-case basis and may offer a refund if we determine there's a valid reason.

Restrictions on Refunds

BasedLabs AI reserves the right to deny any refund request deemed frivolous, unreasonable, or non-compliant with this Policy.

Compliance with Local Refund Policies

This policy doesn't restrict any stricter refund policies in the user's country. Users are entitled to the benefits of the stricter policy where applicable.

Modifications

We may modify this Policy at our discretion. Check periodically for changes. Continued use of BasedLabs AI after changes constitutes acceptance of those changes.

Contact

For questions about this Policy, contact us at: [email protected]

15. WARRANTIES

You assure and declare to BasedLabs AI that:

  1. All information you submit to BasedLabs AI is accurate, current, and not deceptive.
  2. You will maintain the accuracy of this information.
  3. You will not use the Website or Services under a false identity or to misrepresent yourself or others. (Using a familiar nickname is acceptable if used legally and sincerely.)
  4. For any photos, videos, or recordings you provide, you have consent from all individuals portrayed and the legal rights to grant the license to BasedLabs AI.
  5. Your interaction with the Website or Services will comply with the law and be in good faith.
  6. You will protect the confidentiality of your login credentials and password, not sharing them with unauthorized parties.

16. DISCLAIMERS

Your use of the Website or Services is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE". Neither BasedLabs AI nor BasedLabs AI Entities offer any guarantees regarding the Website or Services, its content, or any third-party services or agreements.

Disclaimer of Warranties

BasedLabs AI and BasedLabs AI Entities explicitly disclaim, to the maximum extent allowed by law, any guarantees or representations concerning the Service or its content. This includes express, implied, statutory, or other warranties related to:

  • Availability and uninterrupted operation
  • Security, accuracy, and quality
  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Warranties arising from trade practices or business dealings

No Assurances

BasedLabs AI and BasedLabs AI Entities make no assurances that:

a) Information on the Website or Services is accurate, complete, or up-to-date b) The Service will function without interruption or errors c) The quality, safety, or legality of content, goods, or services obtained through the Website or Services will meet your expectations d) The Service is compatible with other software, hardware, or data not provided by BasedLabs AI e) Errors in the Website or Services will be corrected f) The Website or Services comply with PCI standards or regional laws for SMS communications, emails, or other alerts

Limitation of Liability

BasedLabs AI and BasedLabs AI Entities disclaim responsibility for:

  • Errors, omissions, or inaccuracies in content
  • Personal harm or property damage arising from your use of the Website or Services
  • Unauthorized access to our servers or any personal data or content
  • Interruptions or terminations in transmissions
  • Malware, viruses, or harmful software sent through the Website or Services
  • Any loss or damage from utilizing content provided through the Website or Services

USER SAFETY DISCLAIMER

BasedLabs AI is an AI-powered tools website with both real and AI community members. It is not a substitute for human interaction or professional help.

Important: If you're experiencing thoughts of self-harm, please contact a qualified mental health professional or a helpline in your region immediately. We are not responsible for any harm resulting from the use of BasedLabs AI. We take user safety seriously and encourage responsible AI use.

For immediate support, reach out to a relevant helpline or mental health organization. Your well-being is important, and professional help is available.

17. INDEMNIFICATION

You acknowledge that BasedLabs AI and BasedLabs AI Entities do not directly control or guarantee the quality, safety, or legitimacy of third-party products, services, or content.

By using the Website or Services, you agree to protect, defend, and hold harmless BasedLabs AI and BasedLabs AI Entities from claims, losses, liabilities, or legal fees arising from:

  1. Your use, access, or misuse of the Website or Services
  2. Your non-compliance with these TOS
  3. Violations of third-party rights (copyrights, property rights, privacy, etc.)
  4. Claims that your contributions harmed an indemnified party or third party
  5. Transactions resulting from connections made through the Website or Services
  6. Any actions involving your online accounts, including usage by you or others using your credentials

If BasedLabs AI or BasedLabs AI Entities take legal action due to your breach of these TOS, you agree to pay all reasonable legal fees and expenses incurred, in addition to other remedies.

18. LIMITATIONS OF LIABILITY

BasedLabs AI and BasedLabs AI Entities are not liable to you or any third party for damages arising from the Website or Services or third-party products/services, including:

  • Loss of profits, data, or opportunities
  • Service interruptions or unavailability
  • Content errors or misrepresentations
  • Personal injury or property damage from service usage
  • Unauthorized server or data access
  • Transmission stoppages
  • Hardware malfunctions
  • Third-party malware or viruses
  • User inputs, content, or third-party websites
  • Data breaches or alterations
  • Statements/behaviors of other users or entities
  • Content errors or oversights
  • Losses/damages from interactions with advertisers or Website/Services content

Liability Cap

Our maximum liability for any claim related to the Website or Services is limited to the total amount you paid us in the preceding 6 (six) months.

Time Limitation for Claims

Any claims related to the Website or Services must be made within 1 (one) year of their cause. Claims made after this period are void.

Force Majeure

Neither BasedLabs AI nor BasedLabs AI Entities is in breach or liable for delays due to events beyond their control (Force Majeure Events). We will make reasonable efforts to notify users of such events. No liability shall arise due to the inability to perform obligations affected by Force Majeure Events.

19. BASIS OF THE AGREEMENT AND RISK DISTRIBUTION

You acknowledge that BasedLabs AI has determined its services, pricing, and these TOS based on the warranty disclaimers and liability limitations stated herein. These elements represent a fair risk distribution between you and BasedLabs AI and are fundamental to this agreement. BasedLabs AI could not provide its services at a reasonable cost without these specified limitations.

20. EQUITABLE RELIEF

BasedLabs AI reserves the right to pursue injunctive or other equitable remedies in case of your breach of these TOS.

21. ASSIGNMENT

You may transfer or assign the TOS and associated rights and licenses only with BasedLabs AI's prior written consent. BasedLabs AI may assign these without restriction or notice to you.

22. CLASS ACTION WAIVER

You agree that disputes arising under these TOS shall be resolved individually and not as part of any class, collective, or representative action. You waive any right to participate in or bring claims as a plaintiff or class member in any class, consolidated, or representative action. Your recourse is limited to individual claims, and you waive the right to pursue claims in any manner involving class, consolidated, or representative actions.

23. SUBPOENA FEES

If BasedLabs AI must provide information in response to a subpoena related to your account, we reserve the right to charge you for associated costs, including attorney and employee time for retrieving records, preparing documents, and participating in depositions.

24. GENERAL

These TOS constitute the complete agreement between you and BasedLabs AI, superseding all prior agreements. If any clause is deemed invalid, it shall be minimized or removed to the least extent necessary, replaced with a valid provision closely aligned with the TOS's intent. Neither party has based decisions on information not expressly outlined in these TOS.

These TOS do not confer rights or obligations to entities beyond BasedLabs AI and you. BasedLabs AI's failure to enforce any provision does not constitute a waiver of that or any other provision.

You acknowledge that BasedLabs AI's service is based solely in Estonia and is a "passive service," not actively targeting users in specific locations or seeking personal jurisdiction beyond Estonia.

These TOS are governed by Estonian law, regardless of conflict of law principles. Both parties agree to submit exclusively to the jurisdiction of competent Estonian courts for dispute resolution related to these TOS.

25. COMPLAINTS POLICY

BasedLabs AI prioritizes a safe and compliant environment. We encourage users to report potentially illegal content or TOS violations. BasedLabs AI commits to reviewing reported content within 7 business days. For more information, refer to our Complaint Policy at: https://www.basedlabs.ai/legal/complaint

26. CANCELLATION POLICY FOR RECURRING TRANSACTIONS

Users subscribed to recurring transactions may cancel their subscription from rebilling at any time through the manage subscription page of their account. We will promptly process cancellation requests.

  • Cancellations before the next billing cycle will prevent future charges.
  • Cancellations after a new billing period starts may result in charges for that cycle, with cancellation effective in the subsequent cycle.
  • You'll receive an email confirmation of cancellation.

Cancellation does not entitle you to a refund for charges already incurred unless specified in these TOS. For assistance with cancellations, please contact [email protected].