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Fractal Kalaido.ai - Disclaimer and Terms of Use

Date of Publication: [08/03/2024]

Introduction: Welcome to Fractal Kalaido.ai! Fractal Kalaido.ai (“Application”) is a Generative AI application created and managed by Fractal. By using the Application, you agree to this disclaimer and the terms of use.

Definitions

“Generated Content” means any content, other than User Content, that is generated as output on the Application on text inputs or prompts from the user.

“User Content” means any content that a user submits to or uses with the Application (e.g., content in the user’s profile, text inputs and prompts, postings, comments and uploads in any format, such as images, video, text or audio).

Disclaimer - Limitations of Generative AI

While we have exercised caution in developing the Application, it uses rapidly-evolving experimental technology.

Generative AI models have inherent limitations. The Application may produce Generated Content that is creative, speculative, unexpected, inaccurate, erroneous or even offensive. Generated Content does not represent views of Fractal, its management or developers. The Generated Content is based on patterns learned from data and may not always align with user expectations. They may also exhibit biases or what one may refer to as an ‘error in judgment’. You are responsible for critically evaluating, ensuring the relevance of, and, if necessary, correcting any biases, incompleteness or errors in Generated Content. The Application is not intended for use in applications where errors or inaccuracies cannot be tolerated or may result in harm or financial loss.

Users must use discretion in and accept responsibility for relying on, publishing (including to the Application ‘Gallery’), or otherwise using content provided by the Application.

The Application is not intended for providing medical, legal, financial, or other professional advice. Generated Content cannot substitute professional advice. 

Terms of Use

  • Eligibility
    You must be at least eighteen (18) years of age to register and access an account on the Application. Fractal does not intentionally provide its services to individuals under the age of eighteen (18). If we become aware of a person under the age of eighteen (18) accessing or using the Application, we may take the following actions:
    • Account Termination: We will promptly prohibit and block such account without prior notice.
    • Data Deletion: We will make all reasonable efforts to promptly delete any data associated with such account.
      Fractal assumes no liability towards individuals found to be in violation of this age requirement.
  • User Responsibility:
    • By using the Application, you consent to processing of your Personal Data and confirm that you have read and agreed to the Fractal privacy policy at https://fractal.ai/privacy-policy/
    • You are responsible for providing a valid and accurate email address during registration on the Application and to keep the account information updated. Fractal reserves the right to verify the authenticity of the provided email address.
    • You are solely responsible for User Content and Generated Content.
    • You will not remove, change or obscure any watermark, trademark notice, trademark, hyperlink or other proprietary rights notices contained in Generated Content;
    • You will not use the Application in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users use of the Application 
  • No Warranty:
    Fractal makes no warranty that the Application will meet your requirements and that use of the Application will be uninterrupted, timely, secure, accurate and error-free.
  • Prohibited uses:
    You agree not to use the Application for any unlawful, harmful, or unethical purposes. Among other things, this means that you will not use or prompt the Application to perform or facilitate dangerous, illegal, or malicious activities, including generating the following categories of Generated Content:

    • Harm. Generating content that may harm or promote the harm of individuals or a group, such as content that may insult, defame, harass or have unfair or adverse impact on people, especially those having sensitive or protected characteristics.
    • Generating content that may promote illegal activities or violations of law, such as - promoting or facilitating sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services; and facilitating or encouraging other users to commit any type of crimes; and promoting or generating violent extremism or terrorist content.
    • Generating content that promotes or encourages hatred; harasses or bullies to intimidate, abuses, or insults others, including on the basis of gender, religion, race and ethnicity.
    • Violence. Generating content that may facilitate, promote, or incite violence; encourage self-harm.
    • Sexually-explicit content. Generating sexually explicit content, including content created for the purposes of pornography or sexual gratification.
    • CSAM. Generating content related to child sexual abuse or exploitation.
    • Obscenity. Generating content that is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy.
    • Tampering. Abusing, harming, interfering, or disrupting services (or enabling others to do so), such as promoting or facilitating the generation or distribution of spam; generating content for deceptive or fraudulent activities, scams, phishing, or malware.
    • Misinformation. Generating content that may be used to disseminate information which is patently false and untrue, and intentionally communicates any misinformation. This includes generating content that may be a threat to the integrity of any electoral process.  
    • Misrepresenting AI-generated content. Generating content intended to misinform, misrepresent or mislead about the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive.
    • Impersonation. Generating content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive.
    • IP infringement. Generating content that infringes any patent, trademark, copyright or proprietary rights.
    • National integrity. Generating content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or is insulting other nation.

    • Overriding safety filters: Attempting to override or circumventing safety filters or intentionally driving the Application to act in a manner that contravenes these terms of use is not permitted.
    Fractal will not be responsible for such prohibited uses and we reserve the right to terminate your account and/or restrict your access in such an event.

  • Intellectual Property:
    IP in User Content
    You retain ownership of the User Content.

    IP in Generated Content
    No claims on the ownership or copyright of Generated Content is made by Fractal, and all Generated Content may be freely used by you, provided your use of the Application is not prohibited under these terms of use.

    IP in the Application
    Fractal retains all rights, title, and interest in the Application, including in any intellectual property rights, software tools, design code, templates, applications, techniques, and other know-how developed by or for Fractal for the purposes of this Application. You are granted a non-transferable, non-exclusive, revocable, limited license to use and access the Application.

    Improvements
    You acknowledge and agree that you will benefit from our ability to make improvements to the Application over time. You hereby grant (and you represent and warrant that you have the right to grant) to Fractal and its successors and assigns an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and your Generated Content, and to grant sublicenses of the foregoing rights, for the purposes of including and using your User Content and your Generated Content in connection with the operation of its businesses (including to develop and improve the Application). You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content and your Generated Content.
  • Modifications and Updates:
    Fractal reserves the right to modify, update, or change this disclaimer and terms of use without prior notice. Fractal also reserves the right to modify, suspend, or terminate access to the Application at any time without prior notice. You are encouraged to check for updates and review the terms and conditions periodically.
    Fractal may use email communication for important notifications, updates, or account-related information in respect to the Application. It is your responsibility to ensure the security of your email account to prevent unauthorized access.
    You have the option to opt-out of non-essential communications through your account settings.
  • Termination of Access:
    Fractal reserves the right to terminate or suspend User access to the Application at its discretion, without notice, for violations of the terms of use, and to take any penal action under applicable law.
    Contact Information: For inquiries or concerns related to this disclaimer and terms of use, please contact us at kalaido@fractal.ai.
  • Limitation of Liability:
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRACTAL (ITS MANAGEMENT OR DEVELOPERS OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF FRACTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK.

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