Terms of Service

Agreement to Our Legal Terms

We are HotendWeekly ("Company," "we," "us," "our"). We operate the website https://hotendweekly.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@hotendweekly.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and HotendWeekly, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services.

Generated Content Ownership and Rights

When using our Services to generate or modify images:

• User Ownership: All images generated through HotendWeekly belong to you, the user who created them. You retain full ownership and commercial rights to use these images for your business purposes.
• Original Content: When you upload your own products or images to create variations using our AI tools, you maintain all intellectual property rights to your original content.
• Usage Rights: You can freely use, modify, distribute, and sell products using images generated through our platform without any additional licensing fees or restrictions.

Your Submissions and Contributions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions").

When you post Contributions, you grant us a license to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions for any purpose.

3. User Representations

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Legal Terms.
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
• You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will not violate any applicable law or regulation.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Subscription and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@hotendweekly.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Refund Policy

Due to the considerable expenses associated with developing AI models and generating AI-based content, we are unable to offer refunds after Credits have been consumed. However, if no Credits have been consumed after purchase, you may contact our support team at support@hotendweekly.com to request a refund.

By signing up for our services, you acknowledge and agree to this refund policy. You may cancel your subscription at any time, and your subscription will remain active until the end of the current billing cycle.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Use the Services as part of any effort to compete with us.

9. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. Contributions may be viewable by other users of the Services and through third-party websites.

When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party.
• You are the creator and owner of your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited advertising or spam.
• Your Contributions are not obscene, lewd, violent, harassing, or otherwise objectionable.
• Your Contributions do not violate any applicable law, regulation, or rule.

10. Contribution License

By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions.

11. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content that you have provided to and stored in your Third-Party Account.

12. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us.

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website to which you navigate.

13. Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms.
• Take appropriate legal action against anyone who violates the law or these Legal Terms.
• Refuse, restrict access to, limit the availability of, or disable any of your Contributions.
• Remove from the Services or otherwise disable all files and content that are excessive in size or are burdensome to our systems.
• Otherwise manage the Services in a manner designed to protect our rights and property.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

15. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided in our DMCA Policy.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

18. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the Parties agree to first attempt to negotiate any Dispute informally for at least 60 days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration. The governing law of these Legal Terms shall be substantive law of the United States.

19. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Services.

23. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit. You agree that we shall have no liability to you for any loss or corruption of any such data.

24. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

26. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

• By email: support@hotendweekly.com