EyeMix Legal Disclaimer and Terms of Service
At EyeMix Visuals, we utilize advanced artificial intelligence (AI) tools to enhance our creative workflow and deliver exceptional results for our clients. The use of these tools is governed by specific terms and conditions regarding intellectual property (IP) rights, usage limitations, and legal responsibilities. To ensure full compliance and legal protection, EyeMix Visuals operates under the following legal framework, outlining our rights, client responsibilities, and the terms of service for the AI platforms we integrate into our workflow.
Client Responsibility for Original Content
EyeMix Visuals works exclusively with original content developed by our company or
provided by our clients. It is the sole responsibility of the client to ensure that any
content provided—including but not limited to text, images, video, audio, and other
media—is either owned by the client or that the client holds the necessary rights and
licenses to use such content for the intended purpose.
EyeMix Visuals is not liable for any copyright, trademark, or other intellectual
property infringement resulting from the use of content provided by the client.
Upon notice of alleged infringement, EyeMix Visuals reserves the right to remove or
suspend use of the relevant content while the issue is investigated.
By engaging EyeMix Visuals, the client warrants and represents that all content
submitted complies with applicable intellectual property laws, and that the client has
the necessary permissions for its use. The client further agrees to indemnify, defend,
and hold harmless EyeMix Visuals, its affiliates, and employees from any claims,
damages, losses, or legal actions arising from the use of such content, including but
not limited to IP infringement.
Use of Third-Party Intellectual Property for Demos and Illustrations
EyeMix Visuals may use third-party intellectual property (IP) for non-commercial,
illustrative, or demo purposes in accordance with applicable “fair use” doctrines (or
equivalent laws in other jurisdictions). Such usage will be clearly marked as “For
illustration and inspiration purposes only.”
Neither EyeMix Visuals nor the client will use third-party IP for commercial
purposes unless express permission is granted by the rights holder.Both EyeMix
Visuals and the client agree to clearly communicate that any third-party IP used in
demos or illustrations is not intended for commercial use or distribution.
Indemnification and Limitation of Liability
The client agrees to indemnify, defend, and hold harmless EyeMix Visuals from any
legal claims, damages, or expenses arising from the client’s violation of intellectual
property laws or other applicable laws.
EyeMix Visuals’ liability for any claim, whether in contract, tort, or otherwise, arising out
of or in connection with the services provided, shall be limited to the total amount the
client has paid for such services. EyeMix Visuals shall not be liable for any indirect,
incidental, special, or consequential damages, including but not limited to loss of
data, loss of revenue, or loss of business opportunity.
In jurisdictions where limitations on liability may not apply (e.g., for claims of gross
negligence or willful misconduct), EyeMix Visuals’ liability will be limited to the
maximum extent permitted by applicable law.
No Warranty on AI-Generated Outputs
EyeMix Visuals makes every effort to ensure that AI-generated outputs are original;
however, due to the nature of AI technology, some outputs may inadvertently include
elements from the AI’s training data. EyeMix Visuals makes no warranty, express or
implied, regarding the originality, legality, or non-infringement of any AI-generated
outputs.
The client assumes full responsibility for reviewing and verifying the legality of AIgenerated outputs before any commercial use. EyeMix Visuals strongly advises clients to seek independent legal counsel to confirm the IP status of any outputs before using them commercially.
Termination Clause for Breach
EyeMix Visuals reserves the right to terminate any service agreement with immediate
effect if the client violates any terms related to intellectual property ownership,
copyright, or legal compliance. In the event of such termination, no refunds shall be
provided to the client.
Jurisdiction and Governing Law
This agreement shall be governed by and construed in accordance with the laws of the
State of California, United States, without regard to its conflict of law provisions. Any
disputes arising under this agreement shall be resolved in the courts located within
California, United States.
AI Tools Used by EyeMix and Their Terms of Service
Below are the AI tools that EyeMix Visuals integrates into its services, along with a
summary of their respective terms of service for commercial use. Clients are
responsible for reviewing the full terms of service for each platform to ensure
compliance.
1. LumaAI
LumaAI allows commercial use of outputs. Clients must comply with all relevant laws, including data privacy regulations. Please reference [Full Terms of Service available on LumaAI’s website].
2. Midjourney
Clients own the assets they generate but should note that
Midjourney assets are public unless “Stealth Mode” is selected. Compliance with intellectual property laws is required [Full Terms of Service available on Midjourney’s website].
3. Flux
Commercial use is allowed under FluxAI’s paid accounts. The platform
provides its services “as is” without warranties. [Full Terms of Service available on FluxAI’s website].
4. Runway
Outputs may be monetized, provided users comply with data use
policies. Runway reserves the right to collect and use generated content. [Full Terms of Service available on Runway AI’s website]..
5. DALL·E
Allows for commercial use, including removing watermarks and selling
images. Users are responsible for IP compliance when selling images or creating NFTs. [Full Terms of Service available on DALL·E’s website].
6. Kling AI
Users retain ownership of generated content, but Kling AI has a broad
license to use, modify, and distribute it. [Full Terms of Service available on Kling AI’s website].
Client Consent and Acknowledgment of AI Use
By engaging EyeMix Visuals for services, the client consents to the use of AI tools and
acknowledges the inherent risks and limitations, including potential intellectual property
issues, data privacy considerations, and possible quality limitations. The client further
acknowledges that EyeMix Visuals operates under the Terms of Service of each AI
platform, and agrees to be bound by those terms when receiving services. EyeMix
Visuals advises clients to seek independent legal counsel before using AIgenerated outputs commercially.
Data Privacy and Security
EyeMix Visuals will comply with applicable data privacy laws (such as GDPR and
CCPA) in handling any client data shared through the use of AI tools. Clients are
responsible for ensuring that any data they provide complies with relevant data privacy
regulations.
Some content on this website serves for demonstration purposes only, not intended for commercial use or distribution – Illustration Demo – No ownership claimed. None of the content on this website should be redistributed without EyeMix’s, and client’s consent.