Creative Rights

Source: https://jujubit.ai/pages/intellectual-property-ai-generated-designs

Customer Input "User Content" means any content that you submit, upload, input, publish, or otherwise provide to JuJuBit, including text, images, photographs, logos, character depictions, trademarks, patterns, models, audio or video content, design preferences, prompts, comments, photographs of finished products, and other materials. You represent and warrant that: (a) you own or have obtained all rights, licenses, consents, and authorizations necessary to submit, upload, and use the User Content and to authorize JuJuBit to process it in accordance with this Agreement; (b) if you submit User Content on behalf of another person, company, brand, client, or other entity, you have obtained valid authorization to do so; (c) the User Content, and any content that you direct JuJuBit to generate, create, process, or display in connection with the User Content or at your request, will not infringe, misappropriate, or otherwise violate any third party's intellectual property rights, rights of publicity, privacy rights, or other legal rights; and (d) the content you submit does not violate applicable law or this Agreement. The fact that content is available on the internet, includes an attribution, relates to a product that you purchased, or is intended for non-commercial use does not, by itself, give you the right to use, copy, reproduce, adapt, manufacture from, distribute, or publish that content. In particular, for any photograph or other content that identifies or depicts any individual, you must have all rights, permissions, and consents required to submit the content and authorize JuJuBit to process it under these Terms. The consent or authorization must cover JuJuBit's AI processing, generation of a 3D model, production of a physical product, fulfillment of the order, and other uses permitted under these Terms. If your Content includes photographs or other materials depicting or identifying a minor, you represent and warrant that you have obtained all necessary rights, consents, and authorizations from the minor's parent, legal guardian, or other legally authorized person, as required by applicable laws, to submit such Content and authorize JuJuBit to process it for AI processing, generation of 3D models, production of physical products, order fulfillment, and other purposes permitted under this Agreement. JuJuBit reserves the right to restrict or suspend the processing of, or remove, any such Content where it reasonably believes that the necessary authorizations have not been obtained or that the Content may violate applicable laws or the rights of minors. AI-Generated Designs JuJuBit may use AI tools, including Tripo AI and other systems, to generate design previews, models, or other creative outputs based on your inputs and to produce customized products. JuJuBit may use AI, 3D modeling, and other tools to generate design previews, 3D models, physical objects, or customized products based on photographs or other User Content you submit. The generated results may differ from the appearance of the individuals depicted in the submitted photographs and may be similar to outputs generated for other users. JuJuBit does not guarantee an accurate depiction of any individual, nor does it identify or verify the identity of any individual depicted in the submitted photographs. AI-generated outputs may be similar or identical to outputs generated for other users, may not fully match your expectations, and may differ in color, material, dimensions, details, or the appearance of the finished product. To the fullest extent permitted by applicable law, JuJuBit disclaims all express and implied representations and warranties concerning any Generated Result, including any representation or warranty of originality, uniqueness, exclusivity, registrability, eligibility for intellectual property protection, or non-infringement. Your ability to upload, input, or generate content through JuJuBit does not mean that JuJuBit has confirmed that the content is lawful or that JuJuBit has obtained authorization for the content or any related intellectual property. Before publicly displaying, copying, producing, selling, or otherwise commercially exploiting any generated output, you are responsible for confirming that you have obtained all necessary rights, licenses, consents, and authorizations. Ownership JuJuBit and its licensors each retain all rights in and to the website, services, brand names, trademarks, software, algorithms, AI tools, models, templates, interfaces, technology, databases, and other platform assets. Except for the limited rights expressly granted to you under this Agreement, JuJuBit grants you no express or implied ownership interest, license, or other right. Your use of JuJuBit's website, AI tools, templates, services, design previews, or finished products does not create any partnership, joint venture, agency, employment, fiduciary, or other similar relationship between you and JuJuBit. Nor does it mean that JuJuBit or any third party has authorized, approved, endorsed, or sponsored your work. As between you and JuJuBit, and subject to applicable law and any third-party rights, you retain the rights you lawfully hold in your User Content. Designs, models, previews, and other outputs generated from User Content are collectively referred to as "Generated Results." You may use Generated Results only as expressly permitted under this Agreement. If a Generated Result reproduces, adapts, incorporates, or otherwise uses third-party content that you are not authorized to use, the creation or delivery of that Generated Result does not grant you any right, title, or interest in the third-party content, and you may not claim any ownership interest, license, authorization, or other right in the relevant third-party intellectual property. Your use of a 3D model, design, physical object, or customized product generated from a photograph does not give you any right in the depicted individual's likeness, privacy, name, or other personal rights that were not granted by the relevant rights holder, and does not confirm that you hold those rights. JuJuBit retains all rights, title, and interests in its platform, AI tools, models, templates, software, algorithms, and technology, including any improvements or modifications thereto, except for any rights expressly granted to you under these Terms. Commercial Use of Generated Models Unless JuJuBit expressly approves otherwise in writing, you may use the Generated Results and finished products created for your order for personal, non-commercial purposes, such as non-commercial display, collection, or sharing. Without JuJuBit's prior written approval, you may not, outside the JuJuBit platform or any channel designated or approved by JuJuBit, directly or indirectly use any Generated Result for a commercial purpose, including by reproducing or mass-producing physical items; selling or distributing products; developing derivative merchandise; licensing a Generated Result; providing any design or model file to another person; commissioning third-party manufacturing; or otherwise exploiting a Generated Result for profit or commercial promotion. You also may not authorize or permit any third party to engage in any such activity. If you wish to engage in commercial activities involving a Generated Result outside the JuJuBit platform, or to have a third party commercially manufacture or exploit a Generated Result, you must first contact JuJuBit and obtain the applicable approval. The scope, term, channels, product categories, and other conditions of any approval will be governed by JuJuBit's written confirmation or a separate agreement between the parties. This section does not restrict any rights you have in content that you lawfully own and that exists independently of any JuJuBit Generated Result. You must nevertheless comply with this Agreement and applicable law and may not infringe the rights of JuJuBit or any third party. License Granted to JuJuBit You grant JuJuBit a non-exclusive, worldwide, royalty-free license, for the period reasonably necessary to provide the services, fulfill your orders, and comply with applicable law, to host, receive, store, reproduce, process, modify, adapt, and transmit User Content and Generated Results for purposes including generating previews, manufacturing, quality control, delivery, after-sales support, protecting the safety and security of the services, and improving the services. JuJuBit may sublicense these rights to its service providers solely to the extent reasonably necessary for them to provide services to JuJuBit for those purposes. To provide photograph customization, AI generation, 3D modeling, and physical-product services, you grant JuJuBit a non-exclusive, worldwide, royalty-free license for JuJuBit, its affiliates and service providers used to provide the services to receive, store, reproduce, analyze, process, modify, transmit, and use your photographs, depictions, likenesses, and other User Content as reasonably necessary to generate previews and models, produce physical products, fulfill orders, perform quality control, deliver products, provide support, and maintain service security. JuJuBit will process User Content for the purpose of providing the relevant services and fulfilling these Terms. Any display, marketing use, or other use beyond those purposes will be subject to Creative Rights, applicable Gallery rules, or a separate consent obtained by JuJuBit. JuJuBit may use reasonably de-identified, non-personalized elements that do not contain identifiable personal information, customer identifiers, or other information identifying their source—such as patterns, textures, or abstract shapes—to improve its products, templates, models, or services. We do not sell your design data to third parties. However, to the extent necessary to provide the services, we may share relevant data with manufacturing, technology, cloud-service, logistics, or other service providers in accordance with applicable law and our Privacy Policy, and we will require such providers to process the data solely for purposes of providing the applicable services to JuJuBit. Public Sharing Gallery content is currently visible only to the applicable user. JuJuBit intends to introduce a public-display feature for the Gallery, through which users may choose whether to make their works publicly visible. JuJuBit will update or supplement this section before the relevant feature is launched, and the updated terms will take effect when that feature becomes available and applies to you. If you choose to publish a work to the Gallery or otherwise expressly authorize JuJuBit to display your work through another channel, you grant JuJuBit a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and make the work available through the channels you select or separately approve, including the Gallery, website, social media, marketing materials, or community channels. This license also permits JuJuBit to crop, resize, reformat, compress, watermark, anonymize, and perform other reasonable technical modifications solely as necessary to display the work. The scope and duration of the display, attribution method, and applicable opt-out or takedown procedures will be governed by the rules in effect when the Gallery launches and by the choices you make. Works made publicly available may be viewed, copied, adapted, republished, or used for 3D printing by others. Before making a work public, you are responsible for confirming that you have the right to disclose the relevant content. This risk notice does not constitute a license from you to any third party. To the maximum extent permitted by applicable law, JuJuBit is not responsible for subsequent third-party uses that it cannot reasonably control. Limitations of Ownership Your use of JuJuBit's services does not give you any rights in JuJuBit's software, algorithms, AI systems, models, templates, or other platform technology assets. Unless expressly provided in the description of a particular product or in a written statement from JuJuBit, JuJuBit has no obligation to provide you with digital design files, model files, or other files capable of being used for reproduction, editing, or production. If JuJuBit separately provides any such file, your permitted use of that file will be governed by the applicable product description, written license, or this Agreement. Third-Party Content Unless you have obtained all necessary authorization, you may not use JuJuBit to submit, generate, customize, publish, or request the production of any design or product containing third-party protected content. Such content includes, without limitation: characters, settings, props, or visual depictions from films, animation, games, comics, novels, or other works; brand names, trademarks, logos, mascots, product designs, or packaging; works of art, photography, or design; an individual's name, likeness, voice, or identifiable characteristics; and unlicensed fonts, internet images, model files, or other materials. You must not submit a photograph or other depiction of an individual that you do not have the right to use or authorize JuJuBit to process. You must not submit a photograph without the necessary consent of the depicted person, or content containing identity documents, passports, driver's licenses, medical information, private settings, nudity, sexualized content, violence, humiliation, harassment, or other unlawful or rights-infringing material. If JuJuBit reasonably believes that any User Content, generation request, Generated Result, or related use may infringe rights, violate law, involve fraud, or fail to comply with this Agreement, JuJuBit may, to the extent permitted by applicable law, refuse generation or production; suspend performance or cancel an order; handle related payments in accordance with applicable law and the relevant refund or cancellation policy; remove or restrict access to content; limit use of the services; or take other reasonable measures. If JuJuBit reasonably believes that a photograph, User Content, generation request, or generated result may infringe another person's rights, violate applicable law, or breach platform rules, JuJuBit may refuse generation or production, suspend or cancel an order, remove or hide the content, restrict access to the services, or take other reasonable measures. JuJuBit may also request evidence of the necessary rights, consents, or authorizations where reasonably appropriate. JuJuBit's failure to review content does not confirm that the content is lawful or authorized. JuJuBit reserves the right, but has no obligation, to review User Content, generation requests, and Generated Results to the extent permitted by applicable law. JuJuBit's decision not to review any such material does not constitute a determination or representation that the material is lawful, authorized, or non-infringing.