Reve

" Ownership of Your Content . To the extent permitted by applicable law and subject to the license you grant to Reve (and, in some cases, other users) in Section 2.3 below, you (a) retain any ownership rights you may have in your Input, and (b) own the rights to any Output you create using the Services. You are responsible for ensuring that Your Content does not violate any applicable law, third party license terms or these Terms, and you represent and warrant that you have any rights, licenses, and permissions you may require to provide any Input and create any Output without infringing on or violating any third-party rights. You acknowledge that ownership of Your Content may be subject to the rights of third parties, including the owners of any Reference Content or User Content you use to create your Output. Reve hereby assigns to you all right, title, and interest held by Reve, if any, in and to Output you create, subject to the license you grant to Reve in Section 2.3 below. However, due to the nature of the Services and artificial intelligence, generally, Outputs may not be unique and other users of the Services may receive similar output from the Services, and Reve does not represent or warrant that Outputs are protectible by intellectual property rights under applicable law or free from any third-party intellectual property rights. The assignment in this Section 2.2 (Ownership of Your Content) does not prevent Reve from assigning rights to other users in such similar output."

" Energy . Your usage of the Services is limited by a daily usage limit called " Energy. " Energy reflects the Services usage available to you each day, functioning as a consumable resource that depletes with every use of the Services. Your level of Energy may vary depending on whether you are a Free Account or a Paid Account and your applicable Subscription Tier. You may view your current Energy level in your Account profile. Your Energy shall replenish each day at the same time. You may be given the opportunity to purchase additional Energy beyond the recurring volume allocated to your Account as part of your Subscription Tier (each, " Boost Energy "). Energy (including Boost Energy) may only be expended to use the Services during the applicable timeframe specified at the time you pay or receive such Energy or Boost Energy. If you do not use such Energy or Boost Energy within such timeframe, it shall expire and you will not be entitled to a refund. Energy has no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other Account, except to the extent required by law. Reve reserves the right to change the terms and conditions associated with Energy, including any criteria, factors and formulas for calculating the amount of Energy that any particular use of Reve Services will deplete, at any time without notice."

" Nature of Outputs . You acknowledge that artificial intelligence is a rapidly evolving field, and the probabilistic nature of artificial intelligence means that the Services may provide inaccurate Output (such as “hallucinations”) or otherwise produce inaccurate or unintended results. You acknowledge that no warranties are made by Reve with respect to the specific results or any Output or features or functions of the Services, and you are solely responsible for confirming the appropriateness and accuracy before any use of such Output."

" Storage . You agree that Reve retains the right to create reasonable limits on Reve’s use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Reve in its sole discretion. Reve has no responsibility for the retention or deletion of any Content, including Your Content; the failure to transmit or receive transmission of any Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services."

" No Subsequent Registration . If your registration(s) with, or ability to access, the Services or any other Reve community, is discontinued by Reve due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Services, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Reve reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you."

" Promotional Benefits . Reve may make available, at its sole discretion, certain promotional credits, Energy or benefits for loyalty, award, or promotional purposes (“ Promotional Benefits ”). Promotional Benefits may expire in accordance with any terms offered with such Promotional Benefits. No purchase is necessary to be eligible to receive Promotional Benefits. Promotional Benefits are eligible for redemption of certain features of the Services. For avoidance of doubt, Promotional Benefits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account, except to the extent required by law."

" Repeat Infringer Policy . Reve will terminate a user’s access to the Services if such user is determined by Reve to be a “repeat infringer” of copyrighted works on the Services. Under our policy, a user will be considered a repeat infringer if they accrue three copyright strikes. Furthermore, we may in appropriate cases and at our sole discretion, limit access to the Services and/or terminate the Accounts of any user who blatantly and egregiously infringes the intellectual property rights of others, whether or not repeat infringement has occurred. Users generally earn a strike when Reve receives a complete notification of infringement and does not receive a complete counter-notification regarding the alleged infringement or a retraction of the notification. Strikes are not permanent, but rather are associated with an Account for enough time for Reve to determine whether the user is engaging in repeated infringement such that termination is necessary under this policy. When determining whether users are repeat infringers under this policy, we take into consideration complete notifications of claimed infringement from rights holders, complete counter-notifications from users, retractions from rights holders, and other relevant factors and circumstances. Reve may also ask the complainant and/or user for more information where we think it’s necessary to fairly apply our Repeat Infringer Policy. If a relevant court rules that a user is an “infringer” or “repeat infringer” on Reve, we will take that ruling as conclusive under our Repeat Infringer Policy. "

" Disclaimer of Certain Damages . YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL REVE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT REVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A REVE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A REVE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A REVE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION."

" Cap on Liability . TO THE FULLEST EXTENT PROVIDED BY LAW, THE REVE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO REVE BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) ONE HUNDRED U.S. DOLLARS ($100); OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A REVE PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY A REVE PARTY’S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY A REVE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION."

" Subscription Fees . If you subscribe to a Paid Account, the fees you are required to pay will be determined by your Paid Account tier (each, a “ Subscription Tier ”). You may find more information about Paid Accounts and our Subscription Tiers on our Pricing Page and FAQs . You will be responsible for payment of the applicable fees for any Subscription Tier (“ Subscription Fees ”) you select at the time you sign up for the applicable Subscription Tier and select your payment package. You agree to pay all applicable Subscription Fees in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with Reve’s then-current pricing, which may be reviewed on your Account landing page. Reve reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you. Except as set forth in these Terms, all Subscription Fees are non-refundable."

" Automatic Renewal . If you sign up for a Paid Account, your subscription will continue indefinitely on a month-to-month basis until terminated in accordance with these Terms, at Reve’s then-current Subscription Fees for the applicable Subscription Tier. You may cancel your subscription by logging into and going to the “Subscription” section of your “Account” page. If you cancel your subscription, you may continue to use the Paid Account associated with your Subscription Tier until the end of the then-current subscription period in accordance with Section 4.1 (Subscription Fees); however, your subscription will not be renewed after your then-current subscription period expires and your Account will revert back to Free Account status. You will not be eligible for a prorated refund of any portion of the Subscription Fees paid for the then-current subscription period. By registering for a Paid Account, you authorize Reve to charge your Account at the time of such subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Reve does not receive payment from you, you agree that Reve may either terminate or suspend your subscription and continue to attempt to charge your Account until payment is received (upon receipt of payment, your Paid Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received)."

" Updates to Terms . Please note that these Terms are subject to change by Reve in its sole discretion at any time. When changes are made, Reve will make a copy of the updated Terms available on the Services and update the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will provide notice of such material changes. You are responsible for ensuring that your contact information is kept up to date. Any changes to these Terms will be effective immediately for new users of the Services and will be effective for existing users upon the earlier of (1) thirty (30) days after the “Last Updated” date at the top of these Terms of Service, or (2) your consent to and acceptance of the updated Terms if Reve provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Reve may require before further use of the Services is permitted. If you do not agree to the updated Terms, you must stop using all Services upon the effective date of the updated Terms. Otherwise, your continued use of any of the Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. Please regularly check the Services to view the then-current Terms. You agree that Reve’s continued provision of the Services is adequate consideration for the changes in the updated Terms. The prior version of these Terms is available here ."

" Reve’s Actions Upon Receipt of Notifications of Claimed Infringement . If Reve receives a complete notification from a rights holder or someone acting on their behalf claiming that content on a channel infringes the rights holder’s copyright, Reve generally notifies the applicable user. At the same time, we will generally remove or disable access to recorded or other content containing the claimed infringing material. We may suspend an Account if the claimed infringement is continuing at the time we receive the rights holder’s notification."

" Force Majeure . Reve shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials."

" Taxes . The payments required under Section 4.2 (Subscription Fees) of these Terms do not include any Sales Tax that may be due in connection with the Services. If Reve determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Reve may collect such Sales Tax in addition to the payments required under Section 4.2 (Subscription Fees) of these Terms. If any Services, or payments for any Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Reve, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Reve for any liability or expense Reve may incur in connection with such Sales Taxes. Upon Reve’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “ Sales Tax ” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax."

" INDEMNIFICATION . You agree to indemnify and hold Reve, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “ Reve Party ” and collectively, the “ Reve Parties ”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of these Terms; (c) your violation of any rights of another party, including any users; or (d) your violation of any applicable laws, rules or regulations. Reve reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Reve in asserting any available defenses. This provision does not require you to indemnify any of the Reve Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this Section 7 (Indemnification) will survive any termination of your Account, these Terms and/or your access to the Services."

" Responsibility. The Services provide you with various content creation, discovery, curation and editing tools, including AI-powered agents, which you may use to create Output (as defined below). You agree that you are responsible for how you use these functionalities and for ensuring that your use of Reve complies with this Agreement, our Usage Policy and applicable law, and does not infringe or violate the rights of others. Without limiting the foregoing, when you interact with any agent on the Services and provide instructions to such agent to take any actions on your behalf, you acknowledge that you are fully responsible for the actions taken by the agent on your behalf and at your request."

" Content Provided by Third Parties . Reve is not responsible for and does not control your Inputs, Reference Content or User Content, including any such Content that is shared or referenced by an agent at your instruction or request. Reve has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, the quality, accuracy, legality, appropriateness or provenance of Reference Content or User Content. Without limiting the foregoing, you acknowledge that, if you intend to use Reference Content to develop Output: (a) you agree you are responsible for investigating and complying with any third-party license terms associated with such Reference Content and/or ensuring that your use of such Reference Content does not otherwise infringe on third party rights or violate this Agreement; and (b) Reference Content may not be accurate or appropriate for your use case. You use all Reference Content and User Content and interact with other users at your own risk and you will ensure that your use of such Content does not violate this Agreement, our Usage Policy , applicable law or third-party rights."