A1 Terms of Service

Welcome to "A1" by Jishi Design&Tech (HK) Limited(hereinafter referred to as "A1"). Before using the experience services and/or products provided by A1 such as image generation (hereinafter referred to as "the Service"), please be sure to carefully read and fully understand this "A1 Terms of Service" (hereinafter referred to as the"Terms"). Before using the services and/or products provided by A1 (hereinafter referred to as the "Service"), please be sure to read and fully understand this A1 Terms of Service (hereinafter referred to as the "Terms").

Please know that if you choose to continue to use the Service, you are fully aware of and accept the following disclaimer, service agreement, and copyright ownership agreement. This terms applies to all A1 products and/or services, including upgrades and updates to the services and products you use during the term of this Agreement. If, after reading this Agreement, you do not agree with this terms or any of its terms and conditions, please stop using the Service immediately.

We may revise this terms in accordance with changes in relevant laws and regulations, the company's business conditions, adjustment of business strategies and upgrading of product services. The updated terms and conditions of the terms will be effective to replace the original terms and conditions of the terms once they are published, and you can check the latest version of the terms and conditions of the terms at any time by using the Product Services. If you do not agree with the changes, please stop using the Services immediately. If you continue to use the Product Services, you will be deemed to have accepted the changes to this Agreement.

You may use the A1 Platform only if you agree to enter into this terms with us and are not a person prohibited from receiving the Services under the laws of the applicable jurisdiction. In any case, you must be of the age of majority in the applicable jurisdiction.

Statement denying or limiting responsibility

Before agreeing to accept this Statement, please strictly follow the content of the Service terms below for specific usage specifications. In addition, regardless of whether or not you have actually read this Statement, by clicking on the web page to confirm your terms to this Statement or by actually using the Services provided by the Platform ("we"), you and we have reached an terms on this Statement and agree to accept all of the contents of this Statement. If you do not agree with any of the contents of this Statement, or cannot accurately understand our interpretation of the terms of this Statement, please do not agree or use the Service.
Your use of any information obtained through the Service is at your own risk, and you shall be solely responsible for any loss of your information as a result of such use.
You understand and agree that in order to continually improve the Service, and unless proven to the contrary, your use of the Service to upload, post or transmit Content constitutes your right to agree to grant to us and our affiliates a worldwide, perpetual, irrevocable, and royalty-free license to all of our products or services to store, use, distribute, reproduce, modify, change, publish, translate, create derivative works based on, disseminate, perform, and display the Content; to incorporate all or part of it into any other form of work, media, technology; to commercially exploit the Content and its related publicity and promotional services; and to perform and display it, The right to store, use, distribute, reproduce, modify, change, publish, translate, create derivative works from, transmit, perform, and display the Content; the right to incorporate the Content, in whole or in part, into any other form of work, media, or technology; the right to commercially exploit your uploads and postings, and its related publicity and promotional services; and the right to sublicense the use of the Content to other third parties in the manner set forth above.
A1 will not be liable for any loss or liability arising from your own cause, for which you are solely responsible, including but not limited to the following:
1. Any loss or liability resulting from the User's failure to operate in accordance with this terms or any rules published by A1 from time to time;
2. Any loss or liability resulting from unclear or ambiguous command information sent by the user when using the service, incompleteness, or violation of legal regulations;
3. Any other loss or liability caused by the user.
We respect and protect the privacy of all users of the Service, but would like to remind users that you acknowledge that the content you enter when using the Service will not contain your personal information.
Non-A1 Resources. A1 does not warrant or support, and assumes no responsibility or liability of any kind for, the Community Resources or any other applications or materials, including plug-ins, widgets, etc., developed by parties other than A1 (collectively, "Non-A1 Resources"). Non-A1 Resources are provided by third parties (e.g., Community Publishers) and are not provided by A1. Any use of Non-A1 Resources is solely between you and the third-party provider of such use, and A1 assumes no responsibility or liability for the acts or omissions of such third parties.

Service agreement

1. Services

A1 is an auxiliary creation tool developed by A1, which can realize the needs of image generation and image modification. Specific services are subject to what we actually provide.

2. Code of Conduct for Users

2.1 Account Registration/Login

The A1 service provided by this product requires you to register/login for an A1 account to use it, and you shall agree to and abide by the terms and conditions of the A1 Terms of Service(link) and Privacy Policy (link). After you have successfully registered/logged in, the user shall be legally responsible for all activities and events conducted under his/her user account.

2.2 Prohibited Content and Conduct

You understand and agree that A1 has been committed to providing users with a civilized, healthy, standardized and orderly network environment, and that you shall not use A1 to produce, copy, publish, or disseminate any illegal or unlawful content, including but not limited to:

Fraudulent, false, misleading or deceptive.
Defamatory, obscene, pornographic, vulgar or offensive.
Advocacy of discrimination, bigotry, racism, hatred, harassment or victimization of any individual or group.
Violence or threats of, or advocacy of, violence or acts that constitute a threat to any person or entity.
Promoting illegal or harmful activities or substances.
Programs that are malicious or destructive, such as software viruses, worms, Trojan horses, spyware, dishonest adware, scareware, crimeware, or any other malicious or destructive software.
is unlawful or abets unlawful conduct under the laws applicable to you or A1.
Violation of the rights of others, including data privacy, confidentiality and/or intellectual property rights (e.g., uploading or posting stolen content).
Is or includes sensitive information that is regulated or protected by applicable law, including, but not limited to, sensitive data as defined by the General Data Protection Regulation (GDPR) (e.g., data relating to race, religion, politics, health, genetics or sexual orientation).
Is or includes patient, medical or other personal health information (including, but not limited to, HIPAA-protected health information).
Is or includes financial information, including but not limited to credit and debit card information.
Is or includes a social security number or other government identifier; or
Contain or include protected data about minors (e.g., data protected by the Children's Online Privacy Protection Act).

If you engage in any of the above behaviors, we will take whatever action we deem necessary to protect A1, our users and third parties. This may include quarantining or deleting data stored on the Services, removing any of your Content or suspending your use of or access to the Services. Please note that a breach of this clause may result in the termination of your termination rights under our terms with you. You will not be entitled to any credit or other compensation for any interruption of the Services caused by your violation of this Policy.

2.4 User Responsibilities

You fully understand and agree that the Service is only a tool to assist you in creating your own work, and that you shall not infringe upon the rights and interests of others (including, but not limited to, other people's rights, copyrights, patents, trademarks, and other intellectual property rights, portrait rights, and other rights and interests) when you use the Service, and that you shall be solely responsible for all the behaviors and results of your use of the Service.

2.5 Legal Compliance

You should review the necessity of whether the use of the Service is in compliance with laws and regulations, and you bear all legal responsibilities arising therefrom.

2.6 AI-Generated Works

You shall understand and agree that because the laws and regulations governing the creation of works by artificial intelligence are still developing and changing, even if this terms provides that you have the right to generate works based on the Service, we cannot guarantee that you will permanently own the rights to the works you create. You understand and agree that we are not responsible or liable for any changes in the attribution of the rights and legal nature of the Works due to the development of laws and regulations.

2.7 User Precautions

You shall not utilize new applications based on deep learning, virtual reality and other new technologies to produce, publish or disseminate false information. You shall identify in a conspicuous manner when you publish or disseminate non-authentic information produced using new applications based on deep learning, virtual reality and other new technologies.
Any user who finds that the content of A1 products/services is suspected of insulting or defaming others, infringing on the legitimate rights and interests of others, or violating the A1 User Service Agreement, has the right to file a complaint in accordance with the A1 Complaint Rules.
In order to be able to provide a quality creation platform for the majority of users, and at the same time to enable the benign and healthy development of A1, avatars and signature files involving reactionary and pornographic behavior, as well as users posting pirated and undesirable content, will be dealt with severely. Once such behavior is found, depending on the situation, will be given a temporary or permanent ban on the speech, banning ID and clear all the speech of the punishment.
If A1 discovers or receives a report or complaint from another person that a user has violated the terms of this Agreement, A1 has the right to delete the relevant content at any time without notice and, depending on the circumstances of the behavior, impose penalties on the offending account, including, but not limited to, a warning, restriction or prohibition on the use of some or all of the functions, account banning until the cancellation of the account, and announce the results of the process.
You understand and agree that A1 has the right to impose penalties in accordance with reasonable judgment for violations of relevant laws and regulations or the provisions of this Agreement, to take appropriate legal action against any user who violates the law or regulations, and to save the relevant information in accordance with laws and regulations and report it to the relevant authorities, etc., and that the user shall bear all legal liabilities arising therefrom alone.
You understand and agree that you shall be independently liable for any claim, demand or loss asserted by a third party as a result of or arising from your breach of this terms or the relevant Terms of Service; and that you shall indemnify us for any loss suffered by us as a result.

3. Community Resource Licensing

If you use any of the community resources provided by A1 Community, you acknowledge and agree that:

You obtain a license to a community resource directly from the community creator (not from A1).
Your license is governed by the terms entered into between you and the Community Creator;
A1 does not and will not have any liability or obligation under any terms between you and the Community Creator (or the execution of any such agreement).
By accessing any of the community resources on the A1 Community, you authorize us to share data about you (e.g., name and email address) with the creator of the community.
Community resources may be removed from the A1 Community at any time and for any reason.

4. Charges and Payment

4.1 Pricing

A1 will offer different pricing plans with limitations and features detailed in the Pricing link, and your rights and obligations with respect to certain services will be based on the pricing plan you select.

4.2 Billing

If you purchase/subscribe to any of the Services, you will provide complete and accurate billing information, and you represent and warrant that you have the legal right to use all payment methods that you provide to us.
For paid subscriptions, we will automatically charge you via your payment method for each agreed upon periodic renewal until you cancel.

4.3 Currency

Al fees are payable in U.S. dollars (unless otherwise stated in the payment process), are non-cancelable, non-refundable (except as expressly provided herein) and non-creditable.

4.4 Subscriptions

When you purchase our subscription services, you expressly authorize us or our third party payment processor to bill you for such services.

4.5 Periodic Payment Authorizations

Subscription Pricing Plans Depending on the option you select, these fees may recur every month, every year thereafter at the then-current rate. Please note that our fees are subject to change, but we will notify you of any changes before they occur.
By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations until you or A1 cancel the subscription. We (or our third-party payment processor) will automatically bill you based on the term of your subscription (e.g. monthly, annually) on the calendar day that corresponds to the start of your subscription using the payment information you provide.
Your subscription will continue until you cancel or we terminate your access to or use of the Services or subscription in accordance with these Terms.

4.6 Canceling Subscriptions

You may cancel a paid subscription at any time, and such cancellation will only take effect at the end of the then-current subscription period. Payments are non-refundable unless required by law. These terms do not override any mandatory local laws regarding your right to cancel.

5. Intellectual Property Rights (law)

The intellectual property rights of all versions, technologies, programs, materials, props and information contents ("A1's own information contents", including but not limited to product features, human-machine interfaces, operating procedures, trademarks, patents, computer software works, etc.) of A1 itself belong to A1, A1's licensors or A1's affiliates. The intellectual property rights of the Software are owned by A1, A1's licensors or A1's affiliates, and under no circumstances shall A1 and its affiliates be deemed to have transferred or shared any part or all of their intellectual property rights with you.
All rights to any software (including, but not limited to, any images, photographs, text and additional programs contained in the software, and accompanying help materials) used by A1 Products/Services for the purpose of providing network services belong to the copyright owner of the software, and the User shall not, without the permission of the copyright owner of the software, reverse engineer, decompile or disassemble or otherwise discover its original coding, or perform any acts suspected of infringing copyrights. Without the permission of the copyright owner of the software, the user shall not reverse engineer, decompile, disassemble, or otherwise discover the original code of the software, or perform any act suspected of infringing the copyright.
Content generated by Users in the use of the Service (e.g., personal dynamics, etc.) or published through the A1 product platform (hereinafter collectively referred to as " Publicly Posted Content") is reviewed and approved, and once published, it will be disseminated and shared with the public.
The AI models used in A1 are all open source using the MIT protocol, based on which we have carried out in-depth customization of various thematic styles, and the copyrights of the images generated are fully authorized to the generator himself, which means that the copyrights of the user-generated works, such as the absence of any unforeseen circumstances, are attributed to the user.
Due to the nature of our Services and AI, Outputs may not be unique and other Users may be able to obtain similar Outputs from our Services. Our tasks described above do not apply to the outputs of other users or to any third-party outputs.
We may use the Content to provide, maintain, develop and improve our Services, to comply with applicable laws, to enforce our terms and Policies, and to ensure the security of our Services.
Because the model itself uses a large number of images as samples for machine learning, the images generated when the user specifies the style of a specific painter may be similar to that of the painter, which may lead to potential disputes, and therefore the images should be used more cautiously in this case.
Original images uploaded by the User through the A1 platform, once published publicly, shall be deemed as the User granting the A1 platform the right to utilize such images for model operations and learning purposes. The User shall ensure that the images uploaded do not infringe upon any third party's copyright, trademark rights, rights of publicity, or any other intellectual property rights, and do not violate any laws or regulations. Should the User opt not to publish the original images publicly, the A1 platform and other users shall not have the right to publish or use the User-uploaded original images.
Content generated by the User through the use of the A1 platform (including but not limited to images, videos, etc.), if the User elects to publicly publish such content on the platform, shall be deemed as granting the platform a non-exclusive right to display said content. This includes the right to exhibit the User-generated images on promotional pages or other appropriate locations within the platform, and to make such content available for use by all users of the platform.

6. Third-party Software or Technology

The Products/Services may make use of third party software or technology (including possible use of open source and public domain code, etc., hereinafter referred to as the same), and such use has been legally authorized.
If the Products/Services use software or technology of third parties, the Platform will, in accordance with the relevant regulations or agreements, display the relevant agreements or other documents, which may be attached to this Agreement, packaged in a specific folder of the installation package of the Software, or through the pages of the Open Source Software, and which may be expressed in the form of a "Software License Agreement", "License Agreement", "Open Source License" or other forms. They may be expressed as "Software License Agreement," "License Agreement," "Open Source License," or otherwise. The foregoing agreements, other documents and web pages in various forms are an integral part of this terms and have the same legal effect as this Agreement, and you should comply with these requirements. If you do not comply with these requirements, the third party or the state authorities may file lawsuits, fines or other sanctions against you and request the assistance of the Platform, and you shall bear your own legal responsibility.
In case of any dispute arising from third party software or technology used in the Products/Services, such third party shall be responsible for resolving the dispute and the Platform shall not be held liable. The Platform does not provide customer support for third party software or technology, if you need to obtain support, please contact the third party.

7. Complaint Rules

A1 Company has always emphasized the protection of users' rights and interests and intellectual property rights. In order to implement relevant laws and regulations and better protect the relevant rights and interests of A1 users, users may send notices of their rights to A1 through the provisions of this process, which will be verified and handled by A1 in accordance with this public process.
Scope of treatment
1. Personal rights and interests infringement. Including but not limited to infringement of the user's personal name, name, reputation, honor, portrait, privacy and other personal rights.
2. Intellectual property infringement, including but not limited to trademark infringement and copyright infringement.
Complaints process
1. Specific identification of the intellectual property that you believe has been infringed, such as a registration number, a written description of or link to the copyrighted work, and the date of first use;
2. Include in the e-mail the Internet address of the link to the infringing content or other processing requirements.
3. Please leave your new name, address, telephone number, e-mail address and secondary contact information in the e-mail.
4. Mail to: service@a1.art
Special Notice Please note that you are responsible for the truthfulness of the Notice of Rights and that you will be held liable for any inaccuracies in your Complaint (including, but not limited to, damages of any kind and attorneys' fees).
Complaints not dealt with
If your submission is incomplete, unspecific or does not meet the requirements of this process, or if you do not fill out the relevant complaint letter, it will be considered an invalid complaint, and A1 reserves the right not to deal with it without further notice. Please re-initiate the complaint process.

8. Application of Law, Jurisdiction and Others

The conclusion, effectiveness, interpretation, amendment, supplementation, termination, execution, and dispute resolution of this clause shall be governed by the laws of the People's Republic of China (including the Hong Kong Special Administrative Region); in the absence of relevant provisions in the law, reference shall be made to commercial practices / industry practices.
This terms shall be governed by and construed in accordance with the laws of the People's Republic of China. All disputes relating to this terms or the performance hereof shall be resolved through amicable negotiations. If no settlement can be reached through negotiation, you agree to submit the dispute to the Hong Kong International Arbitration Center ("HKIAC") for arbitration in accordance with the HKIAC Arbitration Rules in effect at the time of application. The place of arbitration shall be Hong Kong. The arbitration award shall be final and binding on the parties.

9. Miscellaneous

This terms is effective upon publication and A1 reserves the right to modify the contents of the terms at any time. If you do not agree with the modifications made to the relevant provisions of this Agreement, then you have the right to stop using the Service. If you continue to use the Service, you are deemed to have accepted A1's modifications to the relevant provisions of this Agreement. If you do not accept the modified agreement, you should stop using the software.
This terms is a supplemental terms to the A1 Terms of Service, which is an integral part thereof and constitutes a unified whole thereof, and the A1 User terms shall prevail in respect of the contents not covered by this Agreement.
If you have any questions or suggestions about using the Service, please contact service@a1.art.