Terms & conditions

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. Theplatform 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.