Terms of Service
Last Updated: October 27, 2023
1. Introduction
Welcome to TPoser ("TPoser," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the TPoser web application, website (tposer.com or any successor URLs), and all related tools, features, and services (collectively, the "Service").
By accessing, browsing, or using our Service, whether as a guest or a registered user, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at /privacy), which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
TPoser provides an AI-powered Service that allows users to upload images containing persons and generate T-pose reference images from multiple angles (e.g., front, side, back). The Service utilizes artificial intelligence algorithms to analyze the uploaded photo and create these T-pose representations. Generated images can be downloaded by the user for various purposes, including 3D modeling, animation, and character design.
3. User Accounts
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim usernames.
4. User-Uploaded Content and Generated Content
Your Content: You retain all ownership rights to the images you upload to the Service ("User-Uploaded Content"). By uploading content, you grant TPoser a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Uploaded Content solely in connection with operating, developing, providing, and improving the Service. This license is only for the purpose of providing the Service to you.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and submit User-Uploaded Content and to grant TPoser the rights granted herein. You are solely responsible for your User-Uploaded Content and the consequences of posting or publishing it.
Generated Content: Subject to your compliance with these Terms and payment of any applicable fees (Credits), TPoser grants you a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the T-pose images generated by the Service from your User-Uploaded Content ("Generated Content") for both personal and commercial purposes.
You understand that the quality and accuracy of Generated Content depend on various factors, including the quality of User-Uploaded Content and the inherent limitations of AI technology. TPoser does not guarantee that Generated Content will be perfectly accurate or suitable for every intended use.
5. Payment and Credits
Access to certain features of the Service, specifically the generation of T-poses, requires "Credits." Credits can be purchased in various packs as detailed on our pricing page. The number of Credits required for a generation may vary based on selected options like quality.
All purchases of Credits are final and non-refundable, except as required by applicable law or as otherwise determined by us in our sole discretion. Prices for Credits are subject to change without notice.
Credits have no monetary value outside of their use within the Service and cannot be exchanged for cash or other goods or services, except for obtaining Generated Content.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Uploading or generating content that is illegal, harmful, abusive, harassing, defamatory, obscene, pornographic, invasive of another's privacy, or otherwise objectionable.
- Uploading content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Using the Service for any unlawful purpose or for the promotion of illegal activities.
- Attempting to, or harassing, abusing, or harming another person or group.
- Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to the TPoser servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to decompile, reverse engineer, disassemble, or hack any of the Service's software or algorithms.
- Using the Service to create content that exploits, abuses, or endangers children.
- Violating any applicable local, state, national, or international law.
We reserve the right to investigate and/or terminate your account without a refund of any Credits if you have violated these Terms, misused the Service, or behaved in a way that we regard as inappropriate or unlawful.
7. TPoser's Intellectual Property
Excluding your User-Uploaded Content and your rights to the Generated Content as described herein, all rights, title, and interest in and to the Service, including but not limited to its software, features, design, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and "look and feel," and all intellectual property rights related thereto, are and will remain the exclusive property of TPoser and its licensors.
8. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Service. Any unused Credits at the time of termination are non-refundable.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TPOSER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE GENERATED CONTENT WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TPOSER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TPOSER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO TPOSER FOR THE USE OF THE SERVICE IN THE PAST SIX MONTHS.
11. Indemnification
You agree to defend, indemnify, and hold harmless TPoser and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User-Uploaded Content posted on the Service.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect, for example, by posting a notice on our website or sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your State/Country - e.g., the State of Delaware, United States], without regard to its conflict of law provisions.
14. Contact Us
If you have any questions about these Terms, please contact us at: support@tposer.com.