Terms and Conditions

Last Updated: 08/08/2024

Welcome to Blunge! These Terms and Conditions govern your use of our services. By using our services or site, you agree to these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our services.

Please read these terms carefully before using the site each time you use the Site. These terms govern your use of the Site unless we have executed a separate written agreement with you for that purpose. We are only willing to make the Site available to you if you accept all of these terms. By using the Site, 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 Site available to you. If you do not agree to these terms, you may not access or use the site. 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 Site on the date of your access, use of services and/or purchase.

1. Process

1. Creators may upload Style Packs to Blunge’s marketplace. Creators wholly own the uploaded illustrations but give Blunge the right to use the illustration set to provide the Services to any User.
2. Users pay to create new illustrations in the specific visual style of the Style Pack. To the extent permitted by law, these newly created illustrations are owned by Blunge. Users receive a worldwide, royalty-free, and perpetual licence to use these illustrations.
3. Creators may receive a commission for the use of content uploaded by Creators, and the creation of new Illustrations.
4. Users have the ability to create their own Branded Style Packs by paying. These Branded Style Packs are in the style of the visual asset set the User has uploaded and are wholly and privately owned by the paying User. Unless otherwise agreed upon, Blunge agrees to keep these images private on the platform and to not reproduce and display the images created to other users.

2. Definitions

"Services" refers to the AI image generation services provided by Blunge Pty Ltd (ACN 678 475 011), along with any associated software applications and Site.
“Site” refers to Blunge’s site, and any associated software applications through which Services are provided.
"We", "Us", "Our" refers to Blunge Pty Ltd.
"User", "You", "Your" refers to any individual or entity using our Services, or accessing our Site.
“Style Pack” refers to a set of illustrations in a specific style.
“Creator” refers to any individual or entity uploading Style Packs on Blunge’s marketplace.
“Blunge Style Packs” refers to style packs uploaded by Blunge.
“Creator Style Packs” refers to style packs uploaded by Creators onto Blunge’s marketplace. Users pay to create new illustrations in the specific style of the Creator Style Pack.
“Branded Style Pack” refers to customised styles based on illustrations uploaded by Users in a specific style who have paid a premium for this Service.

3. Use of Services

3.1 Blunge Pty Ltd is the owner and operator of this Site and the Services.
3.2 Services: Blunge provides you with tools and services to create visual assets with the help of AI in minutes. You may use different fine-tuned models to create a wide variety of client-ready visual assets. You can also train your own AI model and generate thousands of variations and deviations from your training data, or from Style Packs on the platform that others have trained.
3.3 Eligibility: You must be at least 18 years old to use our Services. By using our Services, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
3.4 Account: You may need to create an account to access certain features of our Services. You agree to provide accurate and complete information when creating your account and to keep this information up to date. You are responsible for maintaining the confidentiality of your account details and for any activity that occurs under your account.
3.5 Other People: If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
3.6 Limitations of Use: Blunge, its related features, and Site must only be used lawfully. Blunge reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
1. To engage in any act that would disrupt the access, availability, and security of Blunge and other Blunge services, including (but not limited to):
1. Tampering with, reverse-engineering, or hacking our servers. - Modifying, disabling, or compromising the performance of Blunge’s drawing tool or other Blunge services.
2. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
3. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Blunge.
2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. To stalk, harass or threaten users and any member of the public.
4. 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.
5. 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.
6. Generate content that, in the sole discretion of the Blunge team, is deemed unsuitable, obscene, offensive, or contrary to community standards and user expectations.
7. You may not access parts of the Site 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 Site 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 Site or Services, or otherwise access or collect the content, data or information from the Site. For the avoidance of doubt, Users may not use the Site, Services or the content made available through the Site or Services in any manner for purposes of text and data mining, training machine learning models or training artificial intelligence technologies.

3.7 In addition to these Terms and Conditions, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site.

4. Intellectual Property

4.1 Branded Style Packs: All content created by our AI Services through the use of customised, Branded Style Packs are wholly owned by the User. Blunge retains the right to use those images solely for the purpose of providing services to the User. Unless otherwise agreed upon, Blunge agrees to keep these images private on the platform and to not reproduce and display the images created for you to other users.
4.2 Creator Style Packs: All images contained in style packs on Blunge’s marketplace which have been created by Creators are wholly owned by the uploading Creator, who gives paying Users a worldwide, royalty-free, and perpetual licence to use, reproduce, and display the images.
4.3 Blunge Style Packs: Blunge retains ownership of Blunge Style Packs.
4.4 Ownership: All content created by our AI services, including but not limited to images and designs, with the exception of content created through Branded Style Packs, is owned by Blunge unless otherwise agreed upon, to the extent permitted by law. Blunge has the right to make the assets available to the public, use them commercially, including for the purposes of providing, maintaining, promoting, and improving the Services.
4.5 License: Upon full payment for our Services, Blunge grants you a non-exclusive, non-transferable, royalty-free license to use, reproduce, and display the images created for you.
4.6 Copyright: In the event copyright is created while using our AI Services, to the extent permitted by law you agree to provide Blunge with a worldwide, royalty-free, and perpetual licence to use this content for commercial purposes including displaying on our site for the purpose of operating Blunge’s services. Blunge retains the rights to make the assets available to the public, and use them commercially for the purposes of providing, maintaining, promoting, and improving the Services. You may not do anything which interferes with or breaches laws or the intellectual property rights in the content.
4.7 Logos: The logos of the Site are trademarks of Blunge or its related bodies corporate. Other trademarks which may be displayed on the Site from time to time may belong to third parties. Nothing displayed on the Site 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.
4.8 Uploaded Images: Users and Creators uploading images warrant that they have, to the extent required by law, full rights to upload these images to the platform in order for Blunge to provide the Services.

5. Content and Functionality of the Site

Blunge may alter, suspend or discontinue the Site or any functionality and/or the products goods promoted as being available for sale through the Site 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.

You acknowledge and agree that some of our content 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 our Site at any time.

6. User Content

6.1 Responsibility: You are solely responsible for any content you upload, create, or modify using our Services. You warrant that you have the necessary rights to use and upload such content and that it does not infringe any third-party rights.
6.2 Prohibited Content: You agree not to use our Services to create, upload, or share any content that is illegal, harmful, defamatory, obscene, infringing, or otherwise objectionable.

7. Payment, Refunds and Registration

7.1 Fees and Billing: You will pay all fees charged to your account (“Fees”) 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.
7.2 Payment: All fees for our Services are due in advance and are non-refundable unless otherwise stated in a separate agreement.
7.3 Refunds: Refunds may be issued at our sole discretion if the Services provided are found to be defective or not as described.
7.4 To use the Services you must register on the Site and agree to these Terms and Conditions.
7.5 When you register on the Site, you must provide a password. It is your responsibility to ensure the password is kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your username and password, including any unauthorised use of your credit card except where such activities occur as a result of our act or omission which constitutes negligence, fraud or gross misconduct.

8. Limitation of Liability

8.1 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 Site or Services. All content which you access through the Site and Services may be changed at Blunge’s sole discretion and without notice.
8.2 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 (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.

9. 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.

10. 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.

11. 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.

12. 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.

13. Privacy Policy

Our Privacy Policy explains how we collect and use personal information in accordance with the Privacy Act 1988 (Cth).

14. 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.

If we’re going to use analytics we should include this here with the provider. Similar to alethea.ai.