Last updated: May 1, 2023
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to dopaminegirl.com.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Website.
Image Generation Service refers to the underlying AI that generates images.
Subscriptions refer to the services or access to the Service offered on a subscription basis by dopaminegirl.com to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and dopaminegirl.com regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to dopaminegirl.com, accessible from dopaminegirl.com
Private Mode refers to the feature that allows you to generate images that only you can see.
You means the individual accessing or using the Service, or dopaminegirl.com, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and dopaminegirl.com. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. dopaminegirl.com does not permit those under 18 to use the Service.
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable by law:
For Pro and Premium users using "Private Mode":
(i) You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for commercial or personal use. (ii) You own all assets created with the Service. (iii) All rights, title and interest in and to such assets are assigned to you for your personal or commercial use. (iv) Each person must have a unique Pro or Premium account and is responsible for any activity conducted on their account. (v) A breach or violation of any of these terms may result in an immediate termination of the right to use the Service.
For Free and Starter users (or Pro and Premium users not using Private Mode):
dopaminegirl.com reserves all rights to the assets created with the Service, but allows users to share the assets on other websites subject to the following conditions: (i) The user must provide proper attribution to dopaminegirl.com. (ii) The sharing must not violate any laws or infringe upon the rights of any third parties. (iii) The user must not use the assets for commercial purposes without dopaminegirl.com's express written consent.
Please note that these conditions are in addition to the terms outlined in the original agreement and must be fully complied with. Any breach or violation of these conditions may result in the termination of the user's right to share the assets on other websites.
Anyone can use Dopamine Girl images for free for personal use. We define personal use as usage of Dopamine Girl images within a project that is not monetized in any way. Examples include a personal website, video without advertising, or print to hang on your wall. Dopamine Girl grants you a license to use images under the Creative Commons Noncommercial 4.0 Attribution International License.
You must have a paid Dopamine Girl plan to use Dopamine Girl images commercially. We define commercial use as usage of Dopamine Girl images within a project that is monetized, such as a company website, video with advertising, or physical product.
In order to qualify for commercial use you must have the correct plan for your team size. The Starter plan gives commercial rights if you are an individual creator. The Pro plan gives commercial rights to teams of 2-5 people. The Premium plan gives commercial rights to teams of 5 or more people.
You cannot sell or sublicense Dopamine Girl images on stock photo sites or other marketplaces unless you are the original creator of that image using the Dopamine Girl image generator. While you can incorporate images found on Dopamine Girl into commercial products, the right to sell images directly is limited to the creator.
dopaminegirl.com reserves the right to implement rate limits for users of the Service, in order to maintain the functionality and performance of the site. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted from time to time at the sole discretion of dopaminegirl.com. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.
dopaminegirl.com, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
dopaminegirl.com will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of dopaminegirl.com.
The Image Generation Service is intended for personal use only and may not be used for commercial purposes without the express written consent of dopaminegirl.com.
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Image Generation Service or any part thereof.
You may not redistribute the Image Generation Service or make it available to others in any way, unless specifically authorized by dopaminegirl.com in writing.
Any unauthorized commercial use, reproduction, distribution, public performance, or public display of the Image Generation Service may result in the termination of your right to use the Image Generation Service and may also infringe upon the rights of dopaminegirl.com and/or third parties.
You assign all rights, title and interest in any Feedback You provide dopaminegirl.com. If for any reason such assignment is ineffective, You agree to grant dopaminegirl.com a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by dopaminegirl.com.
dopaminegirl.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that dopaminegirl.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of dopaminegirl.com and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if dopaminegirl.com or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, dopaminegirl.com, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, dopaminegirl.com provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither dopaminegirl.com nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of dopaminegirl.com are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting dopaminegirl.com.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. ยง2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
For questions please email tony@dopaminegirl.com