1. Introduction
1.1 Company Information:
Starbreeder PTE. LTD. (“Starbreeders”), registered in 2 Venture DR, #19-21 608526, Singapore, is a technology startup with the focus on AI, Web3, gaming and Intellectual Property management. Its primary services are beamit.space, an AI that transforms PFP and objects into 3D avatars and 3D objects, as well as AI generated landscapes. Also it is building smart contracts that deal with digital identity management and intellectual property.
1.2 Acceptance of Terms
By accessing or using our services, or by entering into a contract with our, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. This agreement is a legally binding contract between you and Starbreeders. If you do not agree with any part of these terms, you must not use our services.
1.3 Modifications
Starbreeders reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting the updated terms on our websites, beamit.space and starbreeders.xyz. Notifications of significant changes will also be provided through our services and, where applicable, through third-party platforms used to access our services. Continued use of our services after any modifications indicates your acceptance of the revised terms and conditions. It is your responsibility to regularly review the terms and conditions to stay informed of any changes.
2. Services
2.1 Description of Services
Starbreeders provides a cutting-edge AI service that specializes in creating 3D objects and smart contracts for both B2B (business-to-business) and B2C (business-to-consumer) clients. The AI technology can transform 2D PFP NFTs, real portrait images, and other inputs into metaverse-ready, controllable 3D avatars and objects. This service includes a text-to-3D and image-to-3D NFT generator, as well as a launchpad, and an API for integration with metaverse projects and NFT launchpads, marketplaces and NFT wallets. Our platform offers a decentralized approach, allowing for scalability, customization, and seamless integration into various business models and individual projects.
2.2 Access and Use
Users may access and use our services by creating an account and adhering to the following conditions:
Eligibility: Users must be at least 18 years old or have the legal capacity to enter into contracts under applicable law.
Account Creation: Users must provide accurate and complete information during the registration process and keep their account information up-to-date.
Permitted Use: Services are to be used only for lawful purposes and in accordance with these terms. Unauthorized use of the services, including but not limited to exploiting the AI for illegal activities, is strictly prohibited.
Compliance: Users agree to comply with all applicable laws, regulations, and these terms when accessing and using the services.
2.3 Service Availability
We strive to ensure that our services are available at all times. However, we do not guarantee uninterrupted access to our services, as there may be times when the services are unavailable due to maintenance, updates, technical issues, or other reasons beyond our control. We will make reasonable efforts to notify users of any scheduled maintenance or expected disruptions through our websites and other communication channels. Users acknowledge that access to the services may be affected by factors outside our control and that we are not liable for any interruptions or delays.
3. Intellectual Property
Starbreeders is committed to respecting intellectual property rights and ensuring that users do the same. This section outlines the ownership and use of intellectual property related to our AI services and the content created using our platform.
4.1 Ownership
Users retain ownership of the intellectual property rights in the source material they provide for the creation of new art and designs, provided they are the rightful IP holders or have obtained permission from the IP holders. Starbreeders and the decentralized AI it builds and that makes possible the generation of new art do not obtain any copyright over the results, except the right to optimize the AI for improvements of the results it provides.
4.2 User Content
IP Holder Requirement: Users who utilize the platform to generate 3D objects must either be the intellectual property holders of the source material or have obtained explicit permission from the IP holders to use such material.
Retention of IP Rights: The original IP rights of the source material used in creating new art and designs remain with the respective IP holders.
Non-IP Source Material: If users create art and designs using non-IP-protected source material, the IP rights to the resulting creations are owned by the user who generated them.
4.3 License to Use AI
By using our services, users grant our startup a perpetual, non-exclusive, royalty-free license to monetize the AI technology being built.
4.4 IP Protection
Protection Scope: IP protection provided by our services via Proof of Provenance smart contracts, applies only to users who are the rightful IP holders or have obtained necessary permissions from the IP holders.
Dispute Resolution: In case of any disputes regarding IP ownership or permissions, users agree to resolve such disputes independently and to hold our startup harmless from any claims arising from such disputes.
By accessing and using our platform, users agree to comply with these intellectual property terms and to respect the rights of other users and third parties.
6. Fees and Payments
6.1 Pricing
Starbreeders offers its AI services at competitive rates designed to accommodate both B2B and B2C clients. Detailed pricing information is available on our website or via proposal. All fees are quoted in USD unless otherwise specified. Starbreeders reserves the right to change its pricing structure at any time, unless stated differently in agreed separate contracts by the client. Any
changes to fees not related to separate contracts, will be posted on our website, and users will be notified in advance of any price changes affecting their existing services.
6.2 Payment Methods
Starbreeders accepts various payment methods to ensure convenience and accessibility for our users. Accepted payment methods are stated on our website, or in agreed separate contracts.
Payments must be made in full at the time of service purchase or according to the specific terms agreed upon in a separate contract. Users are responsible for providing accurate payment information and ensuring that their chosen payment method is valid and sufficient to cover the fees.
6.3 Refund Policy
Starbreeders is committed to customer satisfaction and will consider refund requests on a case-by-case basis. Refunds may be issued under the following conditions:
– Service Not Rendered: If the service was not provided due to an error on the part of Starbreeders.
– Technical Issues: If the service could not be completed due to technical issues attributable to Starbreeders, and the issue could not be resolved within a reasonable timeframe.
Refund requests must be submitted within 30 days of the original payment date. To request a refund, users should contact Starbreeders’ customer support team with detailed information regarding their request. Approved refunds will be processed within 14 business days, and the funds will be returned using the original payment method.
Please note that certain services, particularly those involving significant customization or third-party integrations, may be non-refundable. Such exceptions will be clearly stated at the time of purchase.
By using Starbreeders’ services, users agree to these fees and payment terms.
7. User Conduct
7.1 Prohibited Activities
To maintain a safe and respectful environment, Starbreeders strictly prohibits the following activities:
– Illegal Activities: Engaging in any activity that is unlawful or illegal under applicable laws and regulations.
– Intellectual Property Infringement: Using the platform to create, share, or distribute content that infringes on the intellectual property rights of others without proper authorization.
– Harmful Content: Uploading, sharing, or distributing content that is defamatory, obscene, abusive, offensive, or otherwise harmful.
– Fraud and Misrepresentation: Engaging in fraudulent activities, impersonating others, or providing false information.
– Security Violations: Attempting to interfere with, disrupt, or compromise the security or integrity of the platform, including hacking, phishing, or spreading malware.
– Spamming: Sending unsolicited messages, advertisements, or promotional content.
– Harassment: Harassing, threatening, or bullying other users or engaging in any form of abusive behavior.
7.2 Compliance
Users are required to comply with all applicable laws and regulations when using Starbreeders’ services. This includes, but is not limited to, compliance with intellectual property laws, data protection regulations, and any other relevant legal requirements. Users are responsible for ensuring that their actions on the platform do not violate any laws or regulations.
8. Privacy
8.1 Data Collection
Starbreeders collects the following types of data from users:
– Username: Taken by the user voluntarily, to identify and manage user accounts.
– Wallet Information: To facilitate transactions, to display nfts, and especially PFP to mint from.
– Social Media Accounts (connected voluntarily): To enhance user profiles and facilitate social interactions on the platform.
8.2 Data Protection
Starbreeders employs robust security measures to protect user data against unauthorized access, loss, or misuse. This includes encryption, secure servers, and regular security audits to
ensure the highest level of data protection. Only authorized personnel have access to user data, and they are bound by strict confidentiality agreements.
8.3 User Rights
Users have the following rights regarding their personal data:
– Access: Users can request access to the personal data Starbreeders holds about them.
– Correction: Users can request corrections to any inaccurate or incomplete data.
– Deletion: Users can request the deletion of their personal data, subject to certain conditions and legal obligations.
– Consent Withdrawal: Users can withdraw their consent for data processing at any time, where consent is the basis for processing.
To exercise these rights, users should contact Starbreeders’ customer support team. Starbreeders is committed to responding to data rights requests in a timely and transparent manner.
9. Disclaimers and Limitations of Liability
9.1 Service Disclaimer
Starbreeders provides its AI services on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of the services. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Starbreeders does not guarantee that the services will be uninterrupted, error-free, or free from viruses or other harmful components.
9.2 Limitation of Liability
To the maximum extent permitted by law, Starbreeders shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or use, arising out of or in any way connected with the use of or inability to use the services. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Starbreeders has been advised of the possibility of such damages. In no event shall the total liability of Starbreeders exceed the amount paid by the user for the services in the preceding 3 months.
10. Indemnification
10.1 User Indemnification
Users agree to indemnify, defend, and hold harmless Starbreeders, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to:
– User Content: Any content submitted, posted, or transmitted through the services. – User Conduct: Any use of the services in violation of these terms or applicable law.
– Intellectual Property: Any claim that the use of user-provided content infringes on the intellectual property rights of a third party.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.
11.2 Dispute Resolution
Any disputes arising out of or related to these terms and conditions or the use of the services shall be resolved through the following process:
– Mediation: The parties agree to first attempt to resolve the dispute through mediation conducted by a mediator mutually agreed upon by the parties.
– Arbitration: If mediation fails, the dispute shall be finally resolved by binding arbitration in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC). The arbitration shall be conducted in English, and the award rendered by the arbitrator shall be final and binding on the parties.
12. Miscellaneous
12.1 Entire Agreement
These terms and conditions, together with any additional agreements or policies referenced herein, constitute the entire agreement between the user and Starbreeders regarding the use of the services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
12.2 Severability
If any provision of these terms and conditions is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
12.3 Waiver
The failure of Starbreeders to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Starbreeders in writing. A waiver of any right or provision in one instance shall not constitute a waiver of any other right or provision in any other instance.
13. Contact Information
Starbreeder PTE. LTD., 2 Venture DR, #19-21 608526, Singapore Singapore, 3rd of July 2024