Logo Diffusion Terms of Service
Thank you for using Logo Diffusion (the "Services"). These Terms of Service (the "Agreement") explain your rights regarding images and other assets generated with the Service, or prompts you might enter into the Service (the "Assets"), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.
This Agreement is entered into by Logo Diffusion Inc. and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and governs the Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below.
1. Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
Logo Diffusion reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.
We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
2. Age Requirements
By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.
Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.
Logo Diffusion tries to make its Services family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
3. Your Information
When using the Services, you may provide Logo Diffusion with personal information, such as your email address, username, billing details, favorites, image outputs, text prompts entered, or sample images uploaded to the Service. Our privacy policy can be found here.
4. Copyright and Trademark
In this section, Paid Member refers to a customer who has subscribed to a paid plan.
Rights You Grant to Logo Diffusion
By using the Services, you grant Logo Diffusion, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, and irrevocable copyright license to reproduce, create derivative works from, publicly display, publicly perform, sublicense, and distribute text and image prompts you input into the Services or assets produced by the service under your direction. This license continues even after the termination of this Agreement by any party and for any reason.
Your Rights
Subject to the above license, you retain ownership of all assets you create using the Services to the extent permitted by current law. This does not include upscaling images created by others, which remain owned by the original asset creators. Logo Diffusion does not provide any representations or warranties regarding the applicable law in your jurisdiction. Consult a lawyer for more information on the current legal landscape.
Your ownership of the created assets persists even if you later downgrade or cancel your membership. However, ownership does not apply if you fall under the exceptions listed below.
If you are an employee or owner of a company with over $1,000,000 USD in annual gross revenue and you use the Services on behalf of your employer, you must be on an "Elite" or “Enterprise” plan for each individual accessing the Services on your behalf to own the assets you create. If you are unsure if your usage qualifies as being on behalf of your employer, assume that it does.
If you are not a Paid Member, you do not own the assets you create. Instead, Logo Diffusion grants you a license to the assets under the Creative Commons Noncommercial 4.0 Attribution International License (the "Asset License"). The full text is available as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode
Please note: Logo Diffusion is an open community that allows others to use and remix your images and prompts when posted in a public setting. By default, your images are publicly viewable and remixable. You grant Logo Diffusion a license to enable this. If you purchase an "Elite" plan, you can bypass these public sharing defaults.
Be aware that any image you create in a shared or open space, such as a Discord chatroom, can be viewed by anyone in that chatroom, regardless of whether Private mode is engaged.
5. DMCA and Takedown Policy
Notification Procedures
We respect the intellectual property rights of others. If you believe that material on or linked to by the Services infringes your copyright or trademark, please send a notice of claimed infringement to hello@logodiffusion.com with the subject "Takedown Request" and include the following:
Your physical or electronic signature.
Identification of the copyrighted work (or mark) you believe has been infringed or, if the claim involves multiple works, a representative list of such works.
Identification of the material you believe to be infringing, detailed enough to allow us to locate it.
Adequate information to contact you (including your name, postal address, telephone number, and email address, if available).
A statement that you have a good faith belief that the use of the copyrighted material is unauthorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If the copyright owner's rights arise under the laws of a country other than the United States, please identify the country.
Upon receiving a notice that complies with the above, we reserve the right to remove or disable access to the accused material, disable any links to the material, notify the party accused of infringement about the removal or disabled access, and terminate access to and use of the Services for any user who repeatedly infringes.
Please note that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled. Adequate information to contact you (including your name, postal address, telephone number, and email address, if available).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or their agent) who provided us with the complaint at issue.
Our designated agent to receive counter notices is the same as the agent shown above. The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
Please note that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
6. Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Apologies for the caps, but we hope this emphasizes the importance of the statement. We are referring to serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm. The parties will make a good faith effort to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution following its Expedited Commercial Rules in effect as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights while awaiting the resolution of the arbitration. The arbitrator may order equitable or injunctive relief in line with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties, and its enforcement may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own legal and expert fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
7. Unlimited Service and Rate Limiting
If you purchase an unlimited plan, we will strive to provide you with reasonable unlimited access to the Services. However, we reserve the right to rate limit you in order to prevent degradation of quality or disruption to other customers.
8. Payment and Billing
We may invoice you for your use of the Services through a third-party payment service provider. The third-party service provider's terms of service shall govern and supersede this Agreement in case of conflict.
You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, including violation of the Community Guidelines or other inappropriate use of the Service. You will not be refunded for the current subscription period, but you will not be charged after the current subscription period has ended.
9. Community Guidelines
Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. Violence or harassment of any kind will not be tolerated.
No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically.
Sharing others' creations. Do not publicly repost the creations of others without their permission.
Be careful about sharing. It's OK to share your creations outside of the Logo Diffusion community, but please consider how others might view your content.
Banhammer. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose your rights to use the Service.
10. Limitation of Liability and Indemnity
We provide the service as is, and we make no promises or guarantees about it.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.
You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you knowingly infringe someone else's intellectual property, and that costs us money, we're going to come find you and collect that money from you. We might also do other stuff, like try to get a court to make you pay our attorney's fees. Don't do it.
11. Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Apologies for the caps, but we hope this emphasizes the importance of the statement. We are referring to serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.
The parties will make a good faith effort to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution following its Expedited Commercial Rules in effect as of the date of this Agreement ("Rules").
The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights while awaiting the resolution of the arbitration. The arbitrator may order equitable or injunctive relief in line with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its enforcement may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
Each party will bear its own legal and expert fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
12. Unlimited Service and Rate Limiting
If you purchase an unlimited plan, we will strive to provide you with reasonable unlimited access to the Services. However, we reserve the right to rate limit you in order to prevent degradation of quality or disruption to other customers.
13. Miscellaneous
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.
