Terms of Service
Last updated June 19th, 2024.Hello and welcome to HammerAI! We've written this Terms of Service (End-User License Agreement) to be clear about the conditions you ("you", "You", "Person") agree to by using HammerAI.
For the purposes of this document, "we" or "us" refers to HammerAI. We operate the website https://www.hammerai.com (the "Site"), the desktop application (the "App"), as well as other related products and Services, included by not limited to our communities on Discord and Reddit. Collectively the Site, the App, and all related products and Services are referred to as the "Services".
These Terms apply to all individuals using the Services. Regardless of whether the Services are accessed through a computer, mobile device, or any other technological medium or method, all such parties are collectively referred to as "you", "User", or "Users" as contextually appropriate. These Terms constitute a binding agreement between you and HammerAI ("HammerAI", "us", or "we").
"Content" refers to any and all information and materials that users submit, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials that users may view, upload, publish, submit, make available, display, communicate, or post on the Services. It encompasses the full range of digital content that users can potentially upload to the Site.
Consent
By accessing, utilizing, or visiting the Services, including any content, functionalities, and Services offered, you are indicating your acceptance and agreement to these Terms of Service ("Terms"), as well as our Privacy Policy (https://hammerai.com/privacy), which is included here within by reference. Using the site to do anything other than access the links to this "Terms of Service" page, "Privacy Policy" page, "Cookies" page, or "Home" page (but only to view it - i.e not to upload, download, comment, click on characters etc.) constitutes your consent to these terms of use. If you do not consent, do not use the Services.Age Requirement
HammerAI is committed to providing a safe experience for our users. Our Services are strictly intended for individuals who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services. Misrepresentation of your age violates our Terms.Ability to Accept Terms of Service
By accepting these Terms of Service, you affirm and declare that you have attained the age of majority, being at least 18 years old. Furthermore, you assert that you possess the requisite legal capacity and competence to adhere to, abide by, and provide consent to all the terms, conditions, obligations, declarations, representations, and warranties set forth herein. The Services should not be accessed if you are under 18 years of age.Additionally, 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 or which would subject us to any registration requirement within such jurisdiction or country. Therefore, any individuals who voluntarily access the Services from jurisdictions do so of their own accord, and they bear sole responsibility for ensuring compliance with the local laws to the extent they are relevant.
License
Subject to the terms and conditions outlined herein, we hereby grant you a limited, non-transferable, non-exclusive, revocable license to access the Services solely for your personal, non-commercial use. Please note that we retain the right to modify, suspend, or terminate the Services at any time without prior notice to you. You acknowledge and agree that we shall not be liable to you or any third party for any changes, interruptions, or terminations of the Services or any part thereof. Furthermore, you acknowledge that we have no obligation to provide you with support or assistance related to the Services. Except for any content uploaded by you, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content, are owned by us. It is important to understand that these Terms and your access to the Services do not grant you any rights, title, or interest in or to any intellectual property rights. We expressly reserve all rights that are not explicitly granted to you under these Terms.Uploaded Content
You hold exclusive responsibility for your Content. Any risks associated with the use of your Content are borne solely by you. By submitting Content, you affirm that it complies with our Terms of Service. You may not falsely represent or imply that your Content is provided, sponsored, or endorsed by us. It is important to note that as the sole owner of your Content, you may be exposed to potential liability. We are under no obligation to back up any Content you submit, and we retain the right to delete your Content at any time without prior notice. If you wish to have a backup of your Content, it is your sole responsibility to create and maintain your own copies.By uploading Content or submitting a review, you represent and warrant that you are the creator of the file or other content you are uploading, or that you possess sufficient intellectual property rights to upload the material in accordance with these terms. Regarding any file or content you upload to the public areas of our site, you grant HammerAI a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (including sublicense and assignment rights) to use, display online and in any current or future media, create derivative works of, allow downloads of, and/or distribute such file or content.If you choose to delete any such file or content from the public areas of our site, the license granted to HammerAI as described above will automatically terminate. However, this termination will not affect any file or content that HammerAI has already copied, sublicensed, or designated for sublicense. Please be aware that your Content will be viewable by others, and therefore you grant any user of the Services a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and create derivative works of your Content through our Services and functionalities. Any Content you download, access, or use from us or another user is done at your own risk and is subject to these Terms and any accompanying terms specific to that Content.
Character Conversations
All conversations with Characters are private and exist only on the device that the conversation took place on. The conversation is not stored as a Cookie, in local storage, or in any way in the browser. Thus HammerAI cannot access your conversations, and neither can any third-party. Nevertheless, you agree that your conversation will not contain any Prohibited Content. This includes the messages that you send, as well as that the character responds with, to the extent that your messages cause the character to respond with Prohibited Content.Prohibited Content
You are required to refrain from submitting any Content to the Services that falls under the category of Prohibited Content. Prohibited Content encompasses any Content that:- Is illegal or advocates, depicts, or promotes illegal activity of any nature.
- Promotes, constitutes, or engages in any form of human trafficking.
- Depicts sexualized minors, including any depiction or description, whether through drawn or generated images, involving individuals under the age of 18.
- Includes gore, bestiality, or sexual violence.
- Solicits or shares private information about an individual (also known as "doxing").
- Solicits or shares users login credentials.
- Violates the intellectual property or proprietary rights of third parties.
- Engages in intimidation, bullying, or incites others to engage in similar behavior.
- Contains inflammatory or hate speech, including content that promotes violent extremism or political agitation.
- Illustrates, promotes, incites, advocates, or supports terrorism or individuals involved in violent extremism.
- Showcases, encourages, or depicts acts of self-harm or suicide.
- Constitutes spam, deceptive content, or misinformation.
- Promotes actions that may be considered criminal, result in civil penalties, violate any law, or are generally inappropriate.
- Promotes racism, bigotry, hatred, or physical harm of any kind towards any group or individual.
- Circumvents or conveys information on bypassing moderation controls or any other security features.
- Includes self-promotion, promotion of other tools or services, or repetitive, irrelevant, or inappropriate messages (spam).
Acceptable Use
You agree not to use the Services to collect, upload, transmit, display, or distribute any Content that:- Infringes upon the any rights of third parties, including intellectual property or proprietary rights.
- Is unlawful, harassing, abusive, threatening, tortious, harmful, invasive of privacy, defamatory, false, trade libelous, intentionally misleading, pornographic involving minors, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group.
- Causes harm to minors in any manner.
- Is in violation of any law, regulation, or restrictions or obligations imposed by any third party.
You also agree not to:
- Upload, transmit, or distribute any software via the Services with the intention of damaging or altering computer systems or data.
- Transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any form of duplicative or unsolicited messages through the Services.
- Utilize the Services to harvest, collect, gather, or compile information or data about other users without their consent.
- Disrupt, interfere with, or impose an undue burden on servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks.
- Attempt to gain unauthorized access to the Services, whether by means of password mining or any other method.
- Harass or interfere with the use and enjoyment of the Services by other users.
- Employ software, automated agents, or scripts to generate automated searches, requests, or queries to the Services.
Feedback
In the event that you furnish us with any feedback or suggestions concerning the Services, you hereby transfer and assign to HammerAI all rights, titles, and interests in and to such feedback, and further consent to our unrestricted right to employ and exploit such feedback and associated information in any manner we deem fit. We shall consider any feedback you furnish to us as being devoid of confidentiality and proprietary claims.Indemnification
You hereby undertake to indemnify and hold HammerAI, its officers, employees, and agents harmless, including the reimbursement of costs and attorney's fees, against any claim or demand asserted by a third party arising from or relating to:- Your use of the Services.
- Your violation of these Terms.
- Your violation of applicable laws or regulations.
- Your Content.
Disputes With Other Users
Each user bears sole responsibility for their own Content. As we do not exercise control over the Content, you acknowledge and agree that we assume no responsibility for any Content, whether provided by you or others. You agree that we shall not be held liable for any loss or damage incurred as a result of such interactions. In the event of a dispute between you and any other user, we are not obligated to intervene. By accepting these terms, you hereby release, discharge, waive, and relinquish, both now and in perpetuity, HammerAI and its officers, employees, agents, successors, and assigns from all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action, of any kind or nature, directly or indirectly arising from or relating to the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."Cookies Policy & Privacy Policy
Our Privacy Policy is outlined in the Privacy Policy. By using the Services, you agree to the practices described in the Privacy Policy. Our use of cookies is outlined in the Cookies Policy. By using the Services, you agree to the practices described in the Cookies Policy.Commercial Use
By engaging in the act of downloading a file or image or copying user-generated content (UGC) from HammerAI, you expressly acknowledge and agree that you do not assert any ownership rights over said content. You may utilize UGC solely for personal, non-commercial purposes. However, you are permitted to employ UGC in a manner that qualifies as fair use under copyright law, such as for journalistic endeavors encompassing news reporting, commentary, or criticism. It is important to include an appropriate attribution ("HammerAI" or "courtesy of HammerAI") alongside the display of such UGC. Please be aware that your utilization of UGC is undertaken at your own risk. HammerAI provides no warranties or guarantees regarding non-infringement, and you assume all responsibility for any claims of copyright infringement arising from your use of UGC.With the exception of the provisions outlined in this section or elsewhere within our Legal Terms, no part of the Services or any Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, unless expressly authorized by our prior written consent. Should you wish to make use of the Services, Content, or Marks in a manner not explicitly outlined in this section or elsewhere in our Legal Terms, kindly direct your request to hammeraiteam@gmail.com. In the event that we grant permission for you to post, reproduce, or publicly display any portion of our Services or Content, you must duly acknowledge us as the rightful owners or licensors of said Services or Content, and ensure that any applicable copyright or proprietary notices are displayed or made visible during such posting, reproduction, or display.
Disclaimers
The Services are provided on an "as-is" and "as-available" basis. We want to make it clear that your use of the Services is entirely at your own risk. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, relating to the Services and your use thereof. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee the accuracy or completeness of the content provided through the Services, nor can we assume any liability or responsibility for any errors, mistakes, or inaccuracies in the content and materials. We make no guarantee that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Additionally, we will not be held liable for any personal injury or property damage resulting from your access to and use of the Services. We do not warrant the security of our servers or the confidentiality of any personal or financial information stored therein. We will not be responsible for any unauthorized access to or use of such servers or the information stored within them. Furthermore, we cannot guarantee uninterrupted transmission to or from the Services, and we will not be liable for any interruption or cessation of such transmission. We also disclaim any responsibility for any bugs, viruses, trojan horses, or similar harmful elements that may be transmitted to or through the Services by any third party. We do not endorse or guarantee any product or service advertised or offered by third parties through the Services, including any websites or mobile applications linked to or featured in banners or other advertising. We are not a party to any transaction between you and any third-party providers of products or Services, and we will not be responsible for monitoring such transactions. It is important to exercise caution and use your best judgment when purchasing products or Services through any medium or in any environment. In summary, please be aware that we provide the Services as-is, without warranties, and we are not responsible for any errors, inaccuracies, damages, or interactions with third-party providers. Your use of the Services should be done with care and consideration. If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.Limitation on Liability
To the maximum extent permitted by applicable law, we and our suppliers shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, punitive, or damages of any kind, including but not limited to lost profits, lost data, or costs of procurement of substitute products, arising from or related to these terms or your use of the Services, even if we have been advised of the possibility of such damages. Your access to and use of the Services are at your own discretion and risk, and you shall bear sole responsibility for any damage to your device or computer system, or loss of data resulting therefrom. Furthermore, to the maximum extent permitted by applicable law, and notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement shall at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising, or the sum of fifty U.S. dollars (USD $50). The existence of multiple claims shall not enlarge this limit. You acknowledge and agree that our suppliers shall have no liability of any kind arising from or relating to this agreement. Please note that certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.Indemnity
You hereby agree to defend, indemnify, and hold us, along with our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, asserted by any third party arising out of or due to: (1) your Contributions; (2) your use of the Services; (3) any breach of these Legal Terms by you; (4) any breach of the representations and warranties made by you in these Legal Terms; (5) your infringement upon the rights of any third party, including intellectual property rights; or (6) any harmful actions directed towards any other user of the Services with whom you connected via the Services. However, we reserve the right, at your own cost, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. In such cases, you agree to provide cooperation, at your own expense, in our defense against such claims. We will make reasonable efforts to notify you promptly upon becoming aware of any claim, action, or proceeding that falls under this indemnification provision.Copyright Policy
At HammerAI, we value and respect the intellectual property rights of others, and we expect our users to do the same. As part of our commitment to upholding copyright law, we have established and implemented a policy that addresses copyright infringement. This policy includes the removal of infringing materials and the termination of users who repeatedly infringe upon intellectual property rights, including copyrights, through our online Services. If you believe that a user of our Services is unlawfully infringing the copyright(s) of a work by utilizing our Services, and you wish to request the removal of the allegedly infringing material, please provide us with the following information in the form of a written notification, as outlined under 17 U.S.C. § 512(c):- Your physical or electronic signature.
- Identification of the copyrighted work(s) that you claim have been infringed.
- Identification of the specific material on our services that you assert is infringing and that you request us to remove.
- Sufficient information to allow us to locate and identify the infringing material.
- Your address, telephone number, and email address.
- A statement indicating that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
- A statement affirming the accuracy of the information provided in the notification and, under penalty of perjury, stating that you are either the copyright owner or authorized to act on behalf of the copyright owner.