Terms and Conditions

Last Updated: January 2025

Please read these Terms and Conditions carefully before using our service.

1. ACCEPTANCE OF TERMS

By accessing or using Emerge's services, website, applications, or any related platforms (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our Service.

These Terms constitute a legally binding agreement between you and Emerge Labs Corporation ("Emerge," "we," "us," or "our"). We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. SERVICE DESCRIPTION

Emerge provides AI-powered content generation services, including but not limited to image generation, video creation, text processing, and interactive applications. Our Service integrates with social media platforms and utilizes various third-party AI services and technologies.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability to you.

3. DATA COLLECTION AND USAGE

Social Media Data: By using our Service, you acknowledge and consent that we may collect, process, and utilize publicly available information from your social media profiles, including but not limited to:

  • •Profile pictures, usernames, and display names
  • •Public posts, comments, and interactions on platforms including Farcaster, X (Twitter), and other social networks
  • •Publicly available metadata associated with your social media activity
  • •Social connections and interaction patterns that are publicly visible

Third-Party Services: We utilize various third-party AI and content generation services, including but not limited to OpenAI, ComfyUI, Stable Diffusion, and other AI model providers. Your data may be processed by these services in accordance with their respective terms and privacy policies.

Content Generation: We may use collected data to generate personalized content, improve our AI models, train our systems, and enhance user experience. Generated content may incorporate elements from your social media presence.

4. USER RESPONSIBILITIES

You agree to:

  • •Use the Service only for lawful purposes and in accordance with these Terms
  • •Not use the Service to create harmful, illegal, defamatory, or infringing content
  • •Not attempt to reverse engineer, hack, or compromise our systems
  • •Respect intellectual property rights of others
  • •Provide accurate information when required
5. INTELLECTUAL PROPERTY

Our Rights: All rights, title, and interest in the Service, including all intellectual property rights, remain with Emerge. You are granted a limited, non-exclusive, non-transferable license to use the Service.

Generated Content: Content generated through our Service may be subject to various intellectual property considerations. You are responsible for ensuring your use of generated content complies with applicable laws and third-party rights.

User Content: By using our Service, you grant us a worldwide, royalty-free, perpetual license to use, modify, and distribute any content you provide or that we collect from your public social media profiles for the purposes of providing and improving our Service.

6. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including but not limited to:

  • •Merchantability, fitness for a particular purpose, and non-infringement
  • •Accuracy, reliability, or completeness of generated content
  • •Uninterrupted or error-free operation of the Service
  • •Security of data transmission or storage
7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • •Emerge shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • •Our total liability shall not exceed $100 or the amount you paid for the Service in the past 12 months, whichever is greater
  • •We are not responsible for third-party services, content, or actions
  • •You assume all risks associated with using AI-generated content
8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Emerge, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

  • •Your use of the Service
  • •Your violation of these Terms
  • •Your violation of any third-party rights
  • •Content you generate or distribute using our Service
9. TERMINATION

We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive termination.

10. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of Georgia, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Georgia.

11. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Email: atown@tryemerge.xyz
Company: Emerge Labs Corporation

12. FINAL PROVISIONS

These Terms constitute the entire agreement between you and Emerge. If any provision is found unenforceable, the remainder shall remain in effect. Our failure to enforce any right or provision does not constitute a waiver of such right or provision.