Effective upon publication.
Welcome to BlueWillow! Thank you for using our image generation and related services (collectively, the “Services”). Our Services enable you to generate images and other assets (“Assets”). The Services may be made available through our website, mobile app, desktop app, downloadable software, or other supported interfaces. Your use of the Services, regardless of how you access them, is subject to these Terms of Service (this “Agreement”). Please read this Agreement carefully.
Our Privacy Policy outlines how we handle your data.
This Agreement governs access to and use of the Services and is between the operator of the BlueWillow Services (“we,” “us,” or “BlueWillow”) and the entity or individual accessing and using the Services (“you,” “your,” or the “Customer”). This Agreement becomes effective when the Customer first accesses or uses the Services. Please discontinue use of the Services if you do not agree with this Agreement.
This Agreement may be revised from time to time. Revisions become effective when published on the Website, unless otherwise stated. You should review this page periodically to remain aware of the then-current version. We may take commercially reasonable steps to provide notice of material revisions.
Your continued use of the Services after an update or revision constitutes acceptance of the revised Agreement. Other documents referenced in this Agreement may also govern your use of the Services.
We strive to improve the Services continuously. This includes, without limitation, improving the art style of Assets, the algorithms used to generate Assets, and the functionality available to Customers. We do not guarantee the stability, quality, availability, or dependability of the Services. To the maximum extent permitted by applicable law, we are not responsible for damages caused by your use of the Services. The Services are provided “AS IS”.
This means, among other things, that we are not responsible for how you use the Services or what you do with images or other Assets you generate. Due to the nature of machine learning, we do not guarantee that the same prompts used multiple times will result in the same images, nor do we guarantee that unique prompts will always result in unique images.
You are solely responsible for liabilities, losses, claims, damages, and expenses resulting from Assets you create or use. BlueWillow may suspend or cancel access to the Services for violations of this Agreement, risks to the Services or other users, legal or regulatory reasons, or other reasonable grounds, with or without prior notice where permitted by applicable law.
You may be required to create a user account (an “Account”) to access or use some Services. An Account may only be used by a single user. Circumventing technical or usage restrictions, including through multiple IP addresses or other methods, may violate this Agreement and may lead to suspension.
You may not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover source code in any software, firmware, or hardware embodied in the Services, except to the extent such restriction is prohibited by applicable law; (b) use the Services in a way that infringes the intellectual property rights of others; (c) use the Services to develop or create competing services or products in breach of applicable law or this Agreement; or (d) use unauthorized methods to extract data from the Services.
We may investigate complaints related to this Agreement and take action we consider appropriate if you violate its terms. We may comply with lawful requests from law enforcement, regulators, courts, or other competent authorities.
You must be at least thirteen (13) years old to use our Services, or such higher minimum age as may be required by applicable law. If you are below the applicable minimum age, you may use the Services only where permitted by law and with the involvement of a parent or legal guardian. This Agreement applies to users accessing the Services through an Account and, where applicable, to parents or guardians supervising access. We aim to keep our Services appropriate for users aged 13 and older, but this is not guaranteed.
We are not responsible for inappropriate content generated by users or Customers of BlueWillow, including you. Our technology may not always work as expected, but we may use reasonable measures intended to restrict inappropriate, sexual, racist, NSFW, or otherwise offensive images.
You may be required to provide BlueWillow with personal information to create an Account and/or use the Services, including your name, email address, text or image prompts, and billing information, which may include your physical address. Additional information about how we collect and use information is available in our Privacy Policy.
BlueWillow may offer free and paid versions of its Services.
If you use a free version of our Services, the following provisions apply:
As between you and BlueWillow, you own the Assets you create to the extent permitted by applicable law. You may use Assets you create on BlueWillow for any purpose that is lawful and consistent with this Agreement. BlueWillow may take action, including disabling access to the Services, if Assets or use of Assets violate this Agreement or applicable law. Assets created through free Services may be published on public servers, channels, or other areas accessible by other BlueWillow users.
You may use Assets created by other BlueWillow users only where those Assets have been made available in public channels and where such use is lawful and consistent with this Agreement and any applicable rights of third parties.
By using the free version of our Services, you grant BlueWillow and its successors and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable license to reproduce, create derivative works from, publicly display, publicly perform, sublicense, and distribute, for any purpose, (i) the text and image prompts you submit to the Services and (ii) Assets produced by the Services, to the extent permitted by applicable law. This license survives expiration or termination of this Agreement.
If you purchase a paid version of our Services, the following provisions apply:
Paid versions may provide access to private channels or servers and/or a “Private Mode” intended to keep generated Assets from being publicly shared or accessible unless you choose to share them. Assets shared in open spaces, such as public Discord chatrooms or other public areas, may be viewable and accessible by others and will not be treated as private by BlueWillow.
We will take commercially reasonable measures intended to prevent Assets created on a private channel or server, or with “Private Mode” engaged, from being publicly published by BlueWillow.
As between you and BlueWillow, you own the Assets you create to the extent permitted by applicable law. Unless otherwise disclosed for a specific paid Service, BlueWillow will not claim rights or licenses to use Assets created using paid Services beyond rights necessary to provide, secure, maintain, and comply with legal obligations relating to the Services. Assets you create may be used by you for lawful purposes consistent with this Agreement. BlueWillow may take action, including disabling access, if use violates this Agreement or applicable law.
Paid versions may also provide access to additional Services, features, usage limits, and/or higher-resolution images. Please visit our website for current details.
We may, in our discretion and subject to applicable law, remove Assets that appear to infringe the intellectual property rights of others or violate this Agreement. It is our policy to respond to and investigate claims of copyright and other intellectual property infringement. We may terminate or restrict use of and access to the Services for intellectual property infringement.
Where the Digital Millennium Copyright Act (“DMCA”) applies, you may notify us of alleged copyright infringement in accordance with the DMCA. We will respond to qualifying notices of alleged infringement submitted through the designated copyright contact published on our website.
To notify us of a copyright infringement claim pursuant to the DMCA, your notice should include:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work or works claimed to have been infringed;
(iii) a description of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL where applicable;
(iv) your address, telephone number, and email address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement, made under penalty of perjury where required, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the right involved.
The notice should be sent through the designated copyright contact published on our website. Notices that do not contain the information required by applicable law may not be processed.
If you believe that an Asset or material that was removed or disabled is not infringing, or that you have the right to post and use it, you may submit a counternotice through the designated copyright contact published on our website containing the information required by the DMCA or other applicable law, including:
(i) your physical or electronic signature, or the signature of a person authorized to act on your behalf;
(ii) identification of the copyrighted work or material that has been removed, blocked, or disabled;
(iii) the location at which the material appeared before it was removed or disabled, including a URL where applicable;
(iv) your address, telephone number, and email address;
(v) a statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
(vi) any additional statements or information required by applicable law.
If we receive a valid counternotice, we may notify the complaining party and may restore the material or cease disabling access to it in accordance with applicable law and our procedures, unless the complaining party initiates an appropriate legal action or other circumstances justify continued restriction.
This Agreement is subject to applicable laws and regulations. Nothing in this Agreement is intended to select or disclose the place of incorporation, registered office, ownership, or jurisdiction of the operator of the Services.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement in good faith. If a dispute cannot be resolved informally, it may be submitted to a competent court, tribunal, arbitration body, or other dispute-resolution mechanism where and to the extent permitted or required by applicable law.
Nothing in this Section prevents either party from seeking interim, injunctive, or other urgent relief from a competent authority where available under applicable law. Any mandatory consumer protection rights or dispute-resolution rights available under applicable law remain unaffected.
BlueWillow may bill for its Services through a third-party payment service. The applicable payment provider’s terms may govern the processing of the payment transaction. You may cancel your Account or paid subscription in accordance with the cancellation options made available through the Services. Refunds, where available, will be handled in accordance with the applicable purchase terms, payment-provider rules, and mandatory law.
Respect other users and Customers of BlueWillow. Do not use text inputs or prompts that are inherently offensive, aggressive, abusive, threatening, or harassing. Do not create Assets containing prohibited adult content or gore, and avoid content intended to be distressing or seriously disturbing. Certain text inputs and prompts may be automatically restricted.
Do not create content or Assets that infringe the intellectual property rights or other proprietary rights of any third party.
Do not use any Assets in a manner that infringes the intellectual property rights or other proprietary rights of any third party.
Do not use or share Assets of other BlueWillow users or Customers without permission or another lawful basis. When sharing Assets, use appropriate caution. You may share your own creations outside the BlueWillow community, subject to this Agreement and applicable law.
You may be prohibited from using or accessing the Services if you materially harm the community, violate these guidelines, or otherwise violate this Agreement. Serious or repeated violations may result in permanent suspension or termination.
All aspects of the Services, including without limitation trademarks, service marks, trade names, trade dress, copyrights, patents, trade secrets, source code, object code, and software, except for your Assets and third-party materials, are owned by or licensed to BlueWillow or the applicable rights holders.
Except as expressly provided in this Agreement, BlueWillow does not grant you any express or implied rights in or to the Services or intellectual property embodied in them, and all such rights are reserved.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THEM ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUEWILLOW DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
BLUEWILLOW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ERROR-FREE, OR RELIABLE.
To the maximum extent permitted by applicable law, by using the Services you release BlueWillow and persons acting on its behalf from claims arising out of or relating to your use of the Services, including claims relating to your use of Assets of another user or Customer and the use of your Assets by another user or Customer, except to the extent such release is prohibited by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUEWILLOW AND PERSONS OR ENTITIES INVOLVED IN PROVIDING THE SERVICES WILL NOT BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (A) FEES ACTUALLY PAID BY YOU TO BLUEWILLOW FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD 100, EXCEPT WHERE A DIFFERENT LIMIT OR NO LIMIT IS REQUIRED BY APPLICABLE LAW.
(i) To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BlueWillow and persons or entities involved in providing or licensing the Services, and their respective successors and assigns (the “Indemnified Parties”), from liabilities, obligations, debts, claims, causes of action, settlement amounts, damages, penalties, fines, costs, expenses (including reasonable attorneys’ fees and costs), and other losses (“Losses”) arising out of or relating to your use of the Services, including without limitation: (A) your breach or alleged breach of this Agreement, including the Community Guidelines in Section 7; (B) unauthorized use of or access to the Services; (C) your use or sharing of Assets, text, or other prompts of another user or Customer; and (D) your content, including Assets created by you.
(ii) If a third party initiates a claim, demand, dispute, lawsuit, arbitration, or similar proceeding (a “Third-Party Claim”) against an Indemnified Party concerning a matter for which indemnification may be available under this Section, the Indemnified Party may notify you and provide relevant documents. To the extent permitted by applicable law, defense and settlement of such Third-Party Claim will be handled in a commercially reasonable manner, taking into account conflicts of interest, the nature of the requested relief, regulatory or criminal aspects, and the legitimate interests of the Indemnified Party.
BlueWillow may, at its own expense and where permitted by applicable law, employ separate counsel and assume or participate in the defense and control of a Third-Party Claim otherwise subject to indemnification. No settlement that imposes an obligation or admission on an Indemnified Party may be entered into without that Indemnified Party’s prior written consent.
Neither party will be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, terrorism, riots, war, widespread infrastructure failures, or similar events, except where applicable law provides otherwise.
Nothing in this Agreement establishes a partnership, joint venture, employment relationship, fiduciary relationship, or agency between you and BlueWillow.
If any provision of this Agreement is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by applicable law.
Provisions and obligations that by their nature should survive termination of this Agreement, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution, will survive termination to the extent permitted by applicable law.
