📘Terms of Service
Last updated: March 19, 2024
We’re so happy to have you here. These Terms of Service are an agreement formed between you and Warp Space Inc. They cover the website available at Caveduck.io (the “Website”), and the Caveduck mobile application (the “App”). In these Terms we’ll sometimes refer to Warp Space, Inc. as “Warp Space,” “Company,” “we,” or “us.” We’ll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.
In these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.
Use of the Services
Your Registration Obligations. When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, do not sign up for the Services – you are not authorized to use them.
Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify Warp Space of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Warp Space will not be liable for any loss or damage arising from your failure to comply with this paragraph.
General Practices Regarding Use and Storage. You acknowledge that Warp Space may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Warp Space’s servers on your behalf. You agree that Warp Space has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Warp Space reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Warp Space reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Email Notifications. You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our platform.
Conditions of Use
User Conduct. In addition to agreeing to comply with our Community Rules, which are incorporated herein, you agree to comply with the following conditions in using the Services.
You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) Your use of the Services may be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any Content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to submit;
(iii) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is threatening, abusive, harassing, tortious, bullying, or excessively violent;
(vii) is defamatory, libelous, or verifiably false with the purpose of harming others;
(viii) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
(ix) is obscene or pornographic;
(x) constitutes sexual harassment;
(xi) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
(xii) glorifies self-harm, including self-injury, suicide, or eating disorders;
(xiii) promotes terrorism or violent extremism;
(xiv) furthers or promotes criminal activity;
(xv) seeks to buy or sell illegal drugs;
(xvi) facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
(xvii) seeks to provide medical, legal, financial or tax advice;
(xviii) interferes with or disrupts the Services or servers or networks connected to the Services,
(xix) interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
(xx) in the sole judgment of Warp Space, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Warp Space or its users to any harm or liability.
You likewise agree not to do any of the following in connection with your use of the Services:
(i) disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(ii) violate any applicable law or regulation;
(iii) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vi) obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
(vii) lease, lend, sell or sublicense any part of the Services;
(viii) try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
(ix) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).
To the extent Warp Space chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:
(i) submit voice recordings of third parties (including but not limited to celebrities) without their consent;
(ii) use any voice feature to engage in “deepfakes” or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.
We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.
Intellectual Property Rights
Content You Submit. When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
Content You Submit. When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Warp Space, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any Caveduck-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services. You agree that these rights and licenses include a right for Warp Space to make the Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate.
While we’re not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.
Characters & Generations. When you create an automated AI character ("Character") using the Services in accordance with these Terms, then as between you and Warp Space, you own all rights in that Character. As between you and Warp Space, you also own any text, images, audio, or video the Character generates ("Generations") that are elicited by you. You grant Warp Space, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Character and all Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
When you interact with a Character created by Warp Space or created by another user who utilized the Services in accordance with the then-applicable Terms, then you own Generations that are elicited by you from such Character (but not the Character itself or other Generations or other Content, all of which will remain owned by Warp Space or the other third-party owner(s) thereof, as applicable). You grant Warp Space, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
Services Content, Software and Trademarks. You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The Caveduck name and logos are trademarks of Warp Space (collectively the “Warp Space Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Warp Space. Nothing in these Terms or the Services should be construed as granting any license or right to use any of Warp Space Trademarks without our prior written permission in each instance. All goodwill generated from the use of Warp Space Trademarks will inure to our exclusive benefit.
Third Party Material. Under no circumstances will Warp Space be liable for any content or materials of any third parties, including Characters created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce Generations that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do so, you acknowledge that it is at your own risk.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Characters and Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to Warp Space are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you.
You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Warp Space, its users and the public.
Copyright Complaints
Warp Space respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Warp Space of your infringement claim in accordance with the procedure set forth below.
DMCA Notices. Warp Space will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
You can submit a DMCA request through this form link.
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notices. If you believe that your Content was removed or disabled due to a DMCA notice, and you believe the Content is not infringing, you may send us a written counter-notice containing the following information:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number and email address; and
A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Warp Space has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. Warp Space may also at its sole discretion limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Services
The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. Warp Space has no control over such sites, resources or applications and Warp Space is not responsible for and does not endorse them. You acknowledge and agree that Warp Space will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Warp Space is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Warp Space and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.
Disclaimer of Warranty
Your use of the Services is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. Warp Space expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Warp Space makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
Limitation of Liability
You understand and agree that Warp Space will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Warp Space has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any Content, Character or Generations; (iii) your sharing with any third party of any Content, Character or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will Warp Space’s total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid Warp Space (if any) in connection with your use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.
Dispute Resolution By Binding Arbitration
This section affects your rights so please read it carefully.
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Warp Space, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Warp Space are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Warp Space agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Warp Space agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims.
Pre-Arbitration Dispute Resolution. Warp Space is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to first contact us about them at our support center. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Warp Space should be sent to contact@caveduck.io. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Warp Space and you do not resolve the claim within 60 calendar days after the Notice is received, you or Warp Space may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Warp Space or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Warp Space is entitled.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Termination
You agree that Warp Space, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Warp Space believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
Warp Space may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Warp Space may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Warp Space’s rights to your Content. Further, you agree that Warp Space will not be liable to you or any third party for any termination of your access to the Services.
General
Entire Agreement. These Terms constitute the entire agreement between you and Warp Space and govern your use of our Services, superseding any prior agreements between you and Warp Space with respect to the Services.
Severance. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Waiver. Any failure of Warp Space to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Expiration of Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Assignment. You may not assign these Terms without the prior written consent of Warp Space, but Warp Space may assign or transfer these Terms, in whole or in part, without restriction.
Notice. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
Changes to these Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
Contact Us
If you have any questions about our Services, or to report any violations of these Terms, please contact us at contact@caveduck.io.
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