Terms of Service and Conditions
Version Effective Date: 18 March 2023
Thank you for using the Aiconic platform (the “Services”). The Terms of Service and Conditions contained within, hereafter, known as (the “Agreement”) explain what rights you have with respect to images, escrowed funds, transactions and other assets which you might generate with the Service, or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data here.
These terms and conditions govern the access and use of our Services by the entity or individual agreeing to these terms (referred to as the "Customer," "You," or "Your"). This Agreement is made between Aiconic'sparent company, Fair Share LLC, and the Customer.
This Agreement becomes effective on the "Effective Date" when the Customer is presented with this Agreement and proceeds to use our Services or receives/distributes Assets. Please note that these terms may be updated and presented to the Customer periodically, and continued use of our Services constitutes acceptance of any such updated terms. If you do not agree to this Agreement, please refrain from using our Services.
It's important to note that other documents referenced herein may also apply to and govern the Customer's use of our Services, including the Community Guidelines provided below.
1. Service Availability and Quality
We are constantly improving the Services to make them better for you, the consumer, our affiliates and the Artists that use our embedded services. The Services are subject to modification and change, including but not limited to the cataloging of Assets, the algorithms used to generate the Assets, the registries and databases that sort and distribute information and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
Aiconic reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.
We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
2. Age Requirements
By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.
Please ask Your parent/s or guardians to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.
Aiconic tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries and may contain content that is not suitable for users under 18 years old. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer. Further, items listed for sale on the Aiconic platform may derive its origins from artificial intelligence systems not controlled by Aiconic or our affiliates and may not have the same safeguards embedded in its technology. Preview, review, purchases or comparisons of artwork listed on Aiconic are considered “At Your Own Risk”. Appropriate parental oversight should be applied to all aspects of the Aiconic platform.
3. Your Information
By using the Services, You may provide Aiconic with personal information like Your email address, user name, billing information, wallet addresses, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be found here.
4. Copyright and Trademark
In this section, Paid Member shall refer to a Customer who has executed a currency transaction on the Aiconic platform.
Rights You give to Aiconic:
By using the Services, You grant to Aiconic, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts You input into the Services, or Assets produced by the service at Your direction or derived from third party sources. This license survives termination of this Agreement by any party, for any reason.
Your Rights:
Subject to the above license, You own all Assets You create with the Services, to the extent possible under current law. This excludes reproducing, copying, or upscaling the images of others, which images remain owned by the original Asset creators. Aiconic makes no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your account with the Aiconic platform. However, You do not own the Assets if You fall under the exceptions below.
If You are an employee or owner of a company with more than $500,000 USD a year in gross revenue and You are using the Services on behalf of Your employer, You must contact us in writing for professional and/or commercial membership agreement for every individual accessing the Services on Your behalf in order to own Assets You create. If You are not sure whether Your use qualifies as on behalf of Your employer, please assume it does.
If You are not a Paid Member, You don’t own the Assets You create. Instead, Aiconic grants You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”).
The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode.
Please note: Aiconic is an open community which allows others to use and remix Your images and prompts whenever they are posted in a public setting. By default, Your images are publically viewable and remixable. As described above, You grant Aiconic a license to allow this. If You enter into a professional and/or commercial agreement with Aiconic, You may bypass some of these public sharing defaults.
If You made use of a Stealth feature as part of Your “Pro” subscription on a third party platform or through the previously available add-on, You agree to make available for public use under the terms of this agreement any Assets You make in any situation where you have engaged stealth mode in the Services.
Please be aware that any image You make available on the Aiconic platform is viewable by anyone using our Services, regardless of whether Stealth mode is engaged in the originating protocols.
5. DMCA and Takedowns Policy
Notification Procedures
We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to info@Aiconic.com with the subject “Takedown Request,” and include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
  • Our designated agent to receive counter notices is the same as the agent shown above.
  • The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
  • Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.
6. Dispute Resolution and Governing Law
  • The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
  • The parties will mutually select one arbitrator. The arbitration will be conducted in English in Baltimore County, Maryland USA.
  • Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
  • The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
  • Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
7. Unlimited Service and Rate Limiting
If You purchase a professional and/or commercial use plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.
8. Payment and Billing
We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.
You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. You will not be refunded for previous purchases, pending transactions or subscription periods, but You will not be charged after the current charge period has ended.
9. Community Guidelines
  • We want to provide a safe and respectful environment for everyone on our platform. Please be aware that the use of offensive imagery, racist, discriminatory, or vulgar language, text, imagery, sounds, videos, and/or media in any form as determined by Aiconic, will not be tolerated. Such behavior will be grounds for banning and expulsion from our platform. Let's all strive to treat each other with kindness and respect, and refrain from creating content that is inherently disrespectful, aggressive, or otherwise abusive. Additionally, please note that any form of violence or harassment of any kind is strictly prohibited.
  • Our platform prohibits the sharing of adult content or gore, and we kindly ask our users to refrain from creating visually shocking or disturbing content. Please note that some inputs may be automatically blocked by our system.
  • We also ask that our users respect the intellectual property of others by refraining from stealing, reproducing, or copying their creations without permission. Additionally, please do not publicly repost the creations of others without their consent.
  • While we encourage sharing of user-generated content outside of our platform, we ask that you exercise caution and consideration when doing so. Please be mindful of how others may perceive your content.
  • We have a strict policy in place to maintain a safe and welcoming community for all users. Any violation of our rules may result in a ban from our services. It's important to note that we are not a democracy and our team reserves the right to enforce our policies to ensure a positive user experience. Please conduct yourself respectfully and adhere to our guidelines, as failure to do so may result in the loss of your rights to use our service.
10. Limitation of Liability and Indemnity
Please be aware that we provide our service "as is," and we do not make any promises or guarantees regarding its completeness, technical maturity, product integrations, or offerings. While we strive to provide the best possible user experience and to continuously improve our service, we cannot guarantee that it will be free from errors or interruptions. Please use our service at your own risk and take appropriate precautions to ensure the safety and security of your information.
Please note that by using our service, you agree and understand that we will not be held liable for any loss of profits, use, goodwill, or data, nor will we be responsible for any incidental, indirect, special, consequential or exemplary damages, regardless of how they arise. We aim to provide our service to the best of our ability, but we cannot guarantee that it will be error-free or uninterrupted. We encourage all users to take appropriate precautions and to use our service at their own risk.
Please be aware that you are solely responsible for your use of our service. If you engage in behavior that harms someone else or become involved in a dispute with another user, we cannot guarantee involvement or intervention on our part. We encourage all users to approach interactions on our platform with respect and consideration for others, as we strive to maintain a safe and positive community for all.
11. Miscellaneous
  • Indemnification. Each party shall indemnify and hold harmless the other party, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the use of any public information, belonging to the indemnifying party. Both parties shall ensure that any use of the other party's intellectual property is conducted in compliance with applicable laws and regulations, and shall promptly notify the other party of any potential or actual infringement or misuse. This indemnification obligation shall survive termination of any agreement or relationship between the parties.
  • Force Majeure: Neither party shall be held liable for any failure or delay in performance that is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, or war.
  • No Agency: This Agreement does not create or imply any agency, partnership, or joint venture between the parties. Each party shall act as an independent contractor and shall not have the authority to bind or obligate the other party in any manner.
  • Severability: If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  • No Third-Party Beneficiaries: This Agreement is intended solely for the benefit of the parties and does not confer any rights or benefits to any third party unless expressly stated otherwise.
  • Survival: The provisions of this Agreement that would reasonably be expected to survive its termination shall remain in effect, including those relating to intellectual property and privacy.