Thank you for using the Saptiva platform. These Terms of Service ("Terms") govern the relationship between Saptiva, Inc. ("Saptiva", "we", "our") and the entity or person ("Customer", "You", "Your") using or accessing our services, applications, or platform through our website at Saptiva.com (the "Site"), through any of our Discord servers, or by any other means (together, the "Services").
These Terms explain what rights you have with respect to images and other assets you might generate with the Service (the "Assets"), prompts you might enter into the Service (the "Inputs"), your use of the Services, and other important topics like arbitration. Our privacy policy outlines how we handle your data. Please carefully read these Terms, along with our privacy policy and all other documents referenced herein.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use or access the Services (the "Effective Date"). The mere usage of the Services constitutes acceptance of any updated terms. If you do not agree to this Agreement, please stop using or accessing the Services.
We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
Saptiva reserves the right to suspend or ban Your access to the Services at any time, and for any reason. Additional restrictions include:
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties.
By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.
If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager's activity on the Services.
Saptiva tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
By using the Services, You may provide Saptiva with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy describes how we handle this data.
You own all Assets You create with the Services to the fullest extent possible under applicable law. There are some exceptions:
Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. You are responsible for all Content that you provide or generate, including ensuring that it does not violate any applicable laws or this Agreement, and that you have all necessary rights and permissions.
By using the Services, You grant to Saptiva, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Content You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.
Saptiva is an open community which allows others to use and remix Your Content whenever they are posted in a public setting. By default, Your Content is publicly viewable and remixable.
If You purchased the Stealth feature as part of Your "Pro" or "Mega" subscription, we agree to make best efforts not to publish any Assets You make in any situation where you have engaged stealth mode. Please be aware that any image You make in a shared or open space, such as a Discord chatroom, is viewable by anyone in that chatroom, regardless of whether Stealth mode is engaged.
We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to help@saptiva.com with the subject "Takedown Request," including the following:
You may also send notices to:
Upon receipt of a compliant notice, we reserve the right to remove or disable access to the accused material, notify the accused party, and terminate access for users who engage in repeated acts of infringement.
If you believe that material was removed or disabled by mistake or misidentification, you may file a counter-notification with our copyright agent (address above). Such notification must include:
The DMCA allows us to restore the removed content within 10–14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
In the event a dispute, controversy, or claim arises out of or relating to these Terms ("Dispute"), the Dispute will be resolved by binding arbitration rather than in court. The parties will first try in good faith to settle any Dispute within 30 days. If not resolved, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules.
The arbitration will be conducted in English in Santa Clara County, California, USA. By agreeing to mandatory arbitration, You and Saptiva knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration.
Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.
If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.
We may invoice You for Your use of the Services through a third-party payment service provider. The third-party service provider's terms of service shall govern and supersede this Agreement in case of conflict, solely with respect to payment processing.
You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.
We provide the service as is, and we make no promises or guarantees about it.
You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however they arise. Our aggregate liability under this Agreement will not exceed the amount You paid for the Services that gave rise to the claim during the 12 months before the claim.
You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.
To the extent permitted by law, you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third-party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.
Saptiva's Image Editor tool ("Editor") is provided as part of the Services and is subject to the terms and conditions outlined in this Agreement. By accessing and using Editor, you agree to comply with the conditions set forth in this section.
Editor is available exclusively to users who have either purchased a subscription on an annual basis, have created more than 10,000 Assets, or have continuously subscribed to Saptiva for more than 12 months. Your access to Editor is contingent on your subscription status and you must meet the age requirements outlined in this Agreement.
In using Editor, you shall not violate any applicable laws, this Agreement, Saptiva Community Guidelines, or any other Saptiva policies. Saptiva reserves the right to remove any content that you upload or generate using Editor, or suspend or ban your access at any time, and for any reason.
You are responsible for all content, including any images and prompts, that you input or generate when using Editor. You represent and warrant that you have all necessary rights and permissions to provide, edit, and share such content, including obtaining necessary permission from anyone who may be depicted in the images. You will not upload content, enter prompts, or use Editor in any way that infringes or violates any third-party intellectual property or privacy rights.
If you have any questions about these Terms of Service, please contact us at help@saptiva.com.