GENERAL PLATFORM TERMS AND CONDITIONS FOR BLUNGE
Last Updated: 22/11/2024
Please read these terms carefully before each time using the Blunge Platform. These terms govern your use of the Blunge Platform unless we have executed a separate written agreement with you for that purpose. We are only willing to make the Blunge Platform available to you if you accept all of these terms. By using the Blunge Platform, you are confirming you understand and agree to be bound by all of these terms. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these terms on that entity’s behalf, in which case “you” will mean that entity. If you do not have such authority, or if you do not accept all of these terms, then we are unwilling to make the Blunge Platform available to you. If you do not agree to these terms, you may not access or use the Blunge Platform. Note that these terms may be updated at any time, without notifying you and by agreeing to these terms now, you agree that your continued usage of this service confirms your ongoing agreement to any updated terms. Please ensure that you read the terms of service each time you use the service and discontinue usage if you no longer agree to any updated terms. You agree to be bound by these terms, being the version of the terms and conditions available on the Blunge Platform on the date of your access, use of the Service and/or purchase.
DEFINITIONS
In these Terms and Conditions:
Blunge means Blunge Pty Ltd ACN 678 475 011, a company registered in Australia.
Blunge Platform means this website, and any associated software applications through which Services are provided.
Custom AI Model means AI Models created, trained and customised on and by the Blunge Platform, based on Uploaded Images uploaded by Users in a specific style. These Users can either be either paying or participating in a free trial.
Free User means user who has either logged in or signed in, to the Blunge Platform and who is not a Paid User.
Paid User means user who has either logged in or signed in, to the Blunge Platform and who is paying for a subscription.
Generated Image means each digital image created by or on the Blunge Platform.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Pre-made AI Models means AI Models created, trained and customised on and by the Blunge Platform by Blunge and available to any User on the Blunge Platform.
Services means services provided by Blunge on the Blunge Platform, to allow Uploaded Images and create Generated Images, along with any associated software applications.
User, You, Your means any individual or entity using our Services or accessing our the Blunge Platform, and includes each Free User and Paid User.
We, Us, Our means Blunge Pty Ltd.
Uploaded Image each image uploaded by a User onto the Blunge Platform.
FORMATION OF THE CONTRACT
A contract is formed immediately You start using this Blunge Platform and these terms apply to all Services and any goods supplied by Blunge via the Blunge Platform, together with any other domains and sub domains listed on any of the Blunge Platforms. Any terms relating to the use of those other sites shall also apply.
PRE-MADE AI MODELS IP AND LICENCE RIGHTS
Users may create new Generated Images with Pre-made AI Models on the Blunge Platform. To the extent permitted by law, all Intellectual Property Rights in newly created Generated Images are owned by Blunge.
Paid Users receive a worldwide, royalty-free, and perpetual licence to use these Generated Images for commercial use. Free Users receive a worldwide, royalty-free, and perpetual licence to use these Generated Images for personal use only.
CUSTOM AI MODELS IP AND LICENCE RIGHTS
Paid Users may create their own Custom AI Models on the Blunge Platform. The Paid User retains all Intellectual Property Rights in all Uploaded Images and all Generated Images created from their own Custom AI Models. These Custom AI Models are exclusively for the use of that Paid User. Unless otherwise agreed, Blunge agrees to keep these Uploaded Images and Generated Images private on the Blunge Platform and to not reproduce or display those Uploaded Images and Generated Images, to other Users. If the Paid User ceases to be a Paid User, the Paid User retains all rights to their Uploaded Images and Generated Images.
SERVICE
Blunge agrees to provide Users with tools and services to create Generated Images with the help of AI. You may use different Pre-made AI Models to create a wide variety of Generated Images. You can also train a Custom AI Model and generate thousands of variations and deviations of Your Generated Images from your Uploaded Images.
ELIGIBILITY
You must be at least 18 years old to be a User. By using our Services, You warrant that You are at least 18 years old and legally capable of entering into binding contracts.
ACCOUNT
You may need to be a Paid User to access certain features of the Blunge Platform. You agree to provide accurate and complete information when becoming a User and to update this information from time to time. You are responsible for maintaining the confidentiality of your User details and for any activity that occurs under your User login or sign in.
OTHER PEOPLE
Except to the extent permitted by the licences granted under clause 4 or 5 of these Terms and Conditions, if You print, copy, modify, download, or otherwise use or provide any other person who is not a User with access to any part of the Blunge Platform in breach of these Terms and Conditions, Your User rights to the Blunge Platform will stop immediately and You must, at Our option, procure that non-User to return or destroy any copies of those Generated Images unlawfully shared. Any use of the Blunge Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
LIMITATIONS OF USE
The Blunge Platform must only be used lawfully. Blunge reserves the right to suspend, cancel, or otherwise deny access to Users who use the Bluge Platform:
(a) to engage in any act that would disrupt the access, availability or security of the Blunge Platform or other Users, including (but not limited to):
(i) tampering with, reverse-engineering, or hacking our servers;
(ii) modifying, disabling, or compromising the performance of the Blunge Platform;
(iii) overwhelming, or attempting to overwhelm Our infrastructure by imposing an unreasonably large load on the Blunge Platform that consume extraordinary resources;
(iv) compromising the integrity of the Blunge Platform, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Blunge.
(b) for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws;
(c) to stalk, harass or threaten users and any member of the public.
(d) to misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Blunge or any third party;
(e) to access or search any part of the Service, or any other Service owned by Blunge other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement;
(f) Generate Images that, in the sole discretion of the Blunge team, is deemed unsuitable, obscene, offensive, or contrary to community standards and user expectations;
(g) You may not access parts of the Blunge Platform or Services to which you are not authorised or otherwise attempt to circumvent any restrictions (through exclusionary protocols or otherwise) imposed on your use of or access to the Blunge Platform or services. You shall not use robots, spiders, scripts, service, software or any manual or automatic device, tool or process designed to data mine or scrape the content, data or information from the Blunge Platform or Services, or otherwise access or collect the content, data or information from the Blunge Platform. For the avoidance of doubt, Users may not use the Blunge Platform, Services or the content made available through the Blunge Platform or Services in any manner for purposes of text and data mining, training machine learning models or training artificial intelligence technologies.
ADDITIONAL TERMS & CONDITIONS ON THE BLUNGE PLATFORM
In addition to these Terms and Conditions, you agree when using the Blunge Platform to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Blunge Platform.
LOGOS
Logos of the Blunge Platform are trademarks of Blunge or its affiliated entities. Other trademarks which may be displayed on the Blunge Platform from time to time may belong to third parties. Nothing displayed on the Blunge Platform should be construed as granting any licence or right of use of any logo, trademark or design displayed, without the express written permission of the relevant owner.
UPLOADED IMAGES
Users warrant that they have, to the extent required by law, full rights to use and upload, Uploaded Images onto the Blunge Platform and indemnity Blunge in relation to any breach of this warranty.
CONTENT AND FUNCTIONALITY OF THE BLUNGE PLATFORM
Blunge may alter, suspend or discontinue the Blunge Platform or any functionality Generated Images promoted as being available for sale through the Blunge Platform at any time, with or without notice to you, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, Blunge will not be liable to any User or to any third party should it exercise such rights.
LIMITATION ON VIEWING RIGHTS
You acknowledge and agree that some of Your Generated Images may not be viewable or accessible from outside of Australia and that there may be other technology or infrastructure related reasons which limit your ability to access the Blunge Platform or Your Generated Images.
USER CONTENT
16.1 Responsibility:
You are solely responsible for any Uploaded Images you upload, create, or modify using our Services. You warrant that you have the necessary rights to use and upload Your Uploaded Images and that it does not infringe any third-party rights.
16.2 Prohibited Content:
You agree not to use our Services to create, upload, or share any Generated Images are may be illegal, harmful, defamatory, obscene, infringing, or otherwise objectionable.
PAYMENT, REFUNDS AND REGISTRATION
17.1 Fees and Billing:
You will pay all fees (Fees) charged to your User account according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorised payment method. We will charge your payment method as agreed-upon. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. If any amount of your Fees is past due, we may suspend your access to the Services after we provide you written notice of late payment.
17.2 Payment:
All fees for our Services are due in advance and are non-refundable unless otherwise stated in a separate agreement.
17.3 Refunds:
Refunds may be issued at our sole discretion if the Services provided are found to be defective or not as described.
17.4 Login or sign in:
To use the Services you must login or sign in on the Blunge Platform and agree to these Terms and Conditions.
CONSUMER PROTECTION RIGHTS
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms of Service do not purport to restrict these rights.
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian consumer law or the competition and consumer regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
LIMITATION OF LIABILITY
19.1 No Warranty:
Our Services are provided "as is" and "as available" without any warranties of any kind, express or implied on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Blunge does not warrant the accuracy of content which you access through the Blunge Platform or Services. All content which you access through the Blunge Platform and Services may be changed at Blunge’s sole discretion and without notice.
19.2 Limitation:
Except to the extent that loss or damage occurs as the result of our act or omission which constitutes negligence, fraud or gross misconduct, to the fullest extent permitted by applicable law, Blunge will 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:
(a) your use or inability to use the Services; OR
(b) any unauthorized access to or use of our servers and/or any personal information stored therein.
19.3 Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
19.4 Indemnification
You agree to indemnify and hold harmless Blunge, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services or your violation of these Terms and Conditions.
19.5 Termination
We reserve the right to terminate or suspend your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of the Services, us, or third parties, or for any other reason.
19.6 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
19.7 Changes to Terms and Conditions
We may revise these Terms and Conditions from time to time. The most current version will always be posted on our Site. By continuing to use our Services after changes become effective, you agree to be bound by the revised Terms and Conditions.
19.8 Privacy Policy
Our Privacy Policy explains how we collect and use personal information in accordance with the Privacy Act 1988 (Cth).
19.9 Contact Us
If you require any more information or have any questions about these Terms and Conditions, please feel free to contact us by email at hello@blunge.ai.