Terms of Service

1.1 Binding Contract

By installing, accessing, or using Zephra, or by clicking on a button indicating your acceptance of these Terms (where available), you represent that you have read, understood, and agree to be bound by these Terms. You may not use the Services if you do not accept these Terms.

1.2 Additional Policies

Your use of the Services is also subject to any additional guidelines, policies, or rules that we may post or provide to you in connection with specific features of the Services, including but not limited to our Privacy Policy. All such guidelines, policies, or rules are incorporated by reference into these Terms.

2.1 Legal Capacity

You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to use or access Zephra. If you are under the age of 18 (or the age of majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.

2.2 Compliance with Laws

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations. If your use of the Services is prohibited by applicable law, you are not authorized to use the Services.

3.1 Generative AI and User-Generated Content

Zephra uses generative AI models (including, but not limited to, OpenAI models, AWS-hosted LLAMA, and Flux by replicate.com) to create interactive text adventure games and images based on user prompts. You can create "worlds," generate images and stories, and share them publicly or keep them private.

3.2 Sharing and Public "Worlds"

You may choose to share the "worlds" or games you create with other users in a TikTok-style feed. Alternatively, you may keep your creations private. When sharing, please be aware that other users can view, interact with, and possibly generate derivative content from your publicly shared creations.

3.3 Third-Party Services

Our Services may integrate or interact with third-party services or platforms (such as AI providers, cloud hosting providers, and image generation APIs). Zephra does not control these third parties and is not responsible for their content, services, or policies. Your interactions with any third-party services are solely between you and those third parties.

4.1 Registration

To access certain features of Zephra, you may be required to create a user account. During registration, you agree to provide accurate, current, and complete information and to update it promptly if it changes.

4.2 Account Security

You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4.3 Profile Information

You may choose to upload a profile picture or other information to personalize your account. By uploading such materials, you represent that you have the rights to use and share those materials and that they comply with these Terms.

5.1 Limited License

Subject to your compliance with these Terms, Zephra grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

5.2 Zephra Trademarks and Content

All trademarks, service marks, logos, trade names, and other identifying marks displayed on or via the Services are the property of Zephra or its licensors. You may not use, copy, or modify any such marks without our prior written consent.

5.3 Reservation of Rights

Zephra and its licensors reserve all rights not expressly granted to you in these Terms. No licenses or rights are granted to you by implication or otherwise, except for those expressly granted in these Terms.

6.1 User-Generated Content

The Services allow you to create, post, store, and share text, images, and other content ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. However, by submitting User Content through Zephra, you hereby grant Zephra and our affiliates a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use, copy, modify, create derivative works from, display, and distribute your User Content in connection with operating and providing the Services.

6.2 Responsibility for Content

You are solely responsible for all User Content you generate, upload, share, or otherwise make available through the Services. You must ensure that your User Content complies with all applicable laws and these Terms. Zephra does not pre-screen User Content but reserves the right (though not the obligation) to remove or modify any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.

6.3 Prohibited Conduct

You agree not to use the Services for any unlawful purpose or in any manner that violates these Terms. Specifically, you will not:

• Violate any applicable laws or regulations.
• Infringe upon the rights of others, including intellectual property rights, privacy, or publicity rights.
• Upload, generate, or share any content that is defamatory, obscene, pornographic, harassing, threatening, discriminatory, or otherwise objectionable.
• Engage in unauthorized harvesting of personal data or information.
• Use automated means (e.g., bots, scrapers) to access the Services without our explicit permission.
• Interfere with the operation of the Services or any user's enjoyment of the Services, including distributing viruses or other harmful code.

6.4 Copyrighted and Other Proprietary Material

When using the generative AI models or uploading content, you must ensure you are not infringing on any third party's intellectual property rights. This includes:

• Not posting or requesting content that violates copyright law (e.g., copying entire texts protected by copyright).
• Respecting trademarks, trade secrets, patents, or other proprietary rights.
• Complying with "fair use" or other legal frameworks (if applicable) when referencing existing works.

If you believe any content on the Services infringes your intellectual property rights, please refer to Section 7 below on how to notify us.

7.1 DMCA Notice

Zephra respects the intellectual property rights of others and expects users to do the same. If you are a copyright owner (or an agent thereof) and believe that any content on the Services infringes your copyright, you may send us a written notice that includes:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• Your physical or electronic signature, or that of a person authorized to act on your behalf.

Please send your DMCA notice to the contact details provided in Section 16.

7.2 Counter-Notification

If your content is removed or disabled in response to a DMCA notice and you believe it does not infringe copyright, you may send us a counter-notice that meets the statutory requirements of the DMCA. We will follow the DMCA's procedures regarding the receipt of counter-notifications.

9.1 As Is, As Available

Your use of the Services is at your sole risk. Zephra provides the Services on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability.

9.2 No Guarantees

We do not warrant that the Services will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Services or the servers that make them available are free of viruses or other harmful components.

9.3 No Endorsement

We do not endorse any User Content, and we make no representations or warranties regarding any User Content, including with respect to its legality, accuracy, or reliability. You acknowledge that any use of or reliance on User Content is at your own risk.

12.1 Termination by You

You may stop using the Services at any time and may terminate your account by contacting us or using any account termination feature we may provide.

12.2 Termination by Zephra

We may suspend or terminate your access to the Services (or any part thereof) at any time, for any reason, including if we believe you have violated these Terms or any other policies. Upon termination, you lose the right to access or use any part of the Services. All provisions of these Terms which by their nature should survive termination (e.g., ownership, warranty disclaimers, limitations of liability, and indemnity) shall survive.

13.1 Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. If you are located outside of the United Kingdom, your local law may apply only to the extent it does not conflict with the laws of England and Wales.

13.2 Dispute Resolution

You agree that any dispute or claim arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, you agree to submit to the exclusive jurisdiction of the courts of England and Wales, unless otherwise required by applicable mandatory law.

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements you may enter into with Zephra, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements between you and us on this subject.

15.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may freely assign or transfer these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, or natural disasters.