Terms of Service

Last Updated: June 20th, 2023

Thank you for using the Voxel application and platform (the "Services") provided by Concept Studio, LLC ("Concept Studio"). By using this site, you agree to comply with and be bound by the following Terms of Service (the "Terms"). Please review these Terms carefully. If you do not agree to the Terms, do not access or use this site.

  1. Agreement. This Terms of Service agreement (the "Agreement") specifies the terms and conditions for access to and use of Voxel, the images you generate or the prompts you enter (the "Assets"), and other important topics. This Agreement may be modified at any time upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use of Voxel by you shall constitute and be deemed your unconditional acceptance of this Agreement.

  2. Privacy. Your visit to our site is also governed by our Privacy Policy, which outlines how your data is used. Please review our Privacy Policy.

  3. Ownership.

    • Concept Studio’s Rights. Concept Studio and its affiliates own all rights, title, and interest in and to Voxel, including but not limited to any applicable copyright, patent, trademark, and other proprietary rights in Voxel. By using Voxel, you grant to Concept Studio, its successors, and its assigns a perpetual, global, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, prepare derivative works of, sublicense, reproduce, and distribute the text prompts you input into Voxel or Assets produced by Voxel at your direction. This license survives termination of this Agreement by any party, for any reason.
    • Your Rights. Subject to the above license, your compliance with these Terms, and the extent permitted by applicable law, you own any and all Assets you create with Voxel. Concept Studio hereby assigns to you all its right, title, and interest in and to the Assets you create.

  4. Intended Audience. This website is not intended for any children under the age of 18. Concept Studio tries to make Voxel family friendly and has a NSFW filter in place in an attempt to ensure this. However, this is new technology, and the filter may not work as expected. The Assets are generated by an artificial intelligence system based on user input and no guarantees are made as to the suitability of the Assets for the user. By using Voxel, you confirm that you are at least 18 years old.

  5. Registration. To access Voxel, you will be asked to provide certain registration details or other information. It is a condition of your use of Voxel that all the information you provide is correct, current, and complete. You agree that all information you provide to register is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Voxel or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

  6. Trademarks. The Voxel trademark and others are either trademarks or registered trademarks of Concept Studio. Other product and company names mentioned on this site may be trademarks of their respective owners.

  7. Site Use. Concept Studio grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Voxel is subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the user. Concept Studio reserves the right to modify, suspend, or discontinue Voxel, either temporarily or permanently, at any time and for any reason, without notice to you. Concept Studio shall not be liable to you or any third party for any modification, suspension, or discontinuation of Voxel. The use of this website is at the discretion of Concept Studio and Concept Studio reserves the right to suspend or terminate your access to Voxel at any time and for any reason. You may not (i) use Voxel for unlawful purposes or in a manner that infringes, misappropriates, or violates the rights of any third party; (ii) restrict or inhibit the use of Voxel by any third party; (iii) reverse assemble or compile, decompile, translate or otherwise attempt to discover the source code or any of the underlying components of Voxel (except to the extent such restrictions are contrary to applicable law); (iv) use Voxel or Assets to develop any models that compete with Concept Studio; (v) use any method to extract data from Voxel, including but not limited to web scraping, web harvesting, or other web data extraction methods, except as permitted through the API; (vi) represent that any Assets are human-generated if they are not; or (vii) buy, sell, or transfer API keys without Concept Studio’s prior consent.

  8. Compliance with Laws. You agree to comply with all applicable laws, rules, and regulations regarding your use of Voxel. Concept Studio reserves the right to investigate complaints or suspected violations of our Terms or any laws and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity and disclosing any information necessary or appropriate to law enforcement, regulators, or other third parties. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

  9. Indemnification. You agree to defend, indemnify, and hold harmless Concept Studio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of Voxel, including, but not limited to, any use of the Assets or of any information obtained from the site.

  10. Disclaimer. YOU UNDERSTAND THAT BOTH Voxel AND ASSETS ARE PROVIDED ON AN "AS IS" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CONCEPT STUDIO MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, CONCEPT STUDIO MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR QUALITY OF Voxel AND ASSETS. YOU ASSUME THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF Voxel AND ASSETS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

  11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CONCEPT STUDIO BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO Voxel, YOUR USE OF Voxel, OR THE ASSETS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH Voxel AND/OR ASSETS IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  12. Use of Information. Concept Studio LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

  13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Voxel site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  14. Subscription Plans and Payments

    • Subscription Plans. We offer different subscription plans for Voxel, including but not limited to monthly and yearly plans. You can find the details of each plan, including the pricing, features, and billing cycle, on our website or through the relevant platform where Voxel is made available.
    • Subscription Payments. By selecting a subscription plan, you agree to pay the applicable fees and any applicable taxes for your chosen plan. Payments are due on the first day of your subscription period and will be billed automatically using the payment method you provided during registration or a subsequent update.
    • Auto-Renewal. Your subscription will automatically renew at the end of each billing cycle (monthly or yearly, depending on your selected plan) unless you cancel the auto-renewal before the end of the current billing cycle. By subscribing to Voxel, you authorize us to charge your payment method for the renewal fees and any applicable taxes at the then-current rate.
    • Price Changes. We reserve the right to change the prices of our subscription plans at any time. We will notify you of any price changes at least 30 days in advance by sending an email to the address associated with your account or by posting a notice on our website or through the relevant platform where Voxel is made available. Your continued use of Voxel after the price change goes into effect constitutes your agreement to the new price.

  15. Subscription Cancellation and Termination

    • Cancellation by Subscriber. You may cancel your subscription at any time by accessing your account settings or contacting our customer support. Cancellation will take effect at the end of the current billing cycle, and you will retain access to Voxel until the end of that cycle. We do not offer refunds or credits for partial months or years.
    • Termination by Company. We reserve the right to terminate your subscription and access to Voxel at any time if you violate these Terms or if we determine, in our sole discretion, that your use of Voxel is harmful to our business or other users. In the event of termination, we will provide you with written notice via email, and you will not be entitled to any refunds or credits for the remaining time on your subscription.

  16. Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and Concept Studio LLC or its affiliates.

  17. Dispute Resolution Processes. YOU AGREE TO THE FOLLOWING DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER PROVISIONS:

    • Informal Dispute Resolution. Before filing a claim against Concept Studio LLC, you agree to try to resolve the dispute informally by sending notice to alon@useconcept.io of your name, a description of the dispute, and the relief you seek. If the dispute is not resolved within 60 days, you may proceed to arbitration. Any statute of limitations will be tolled during this 60-day informal dispute resolution period.
    • Mandatory Arbitration. If the dispute is not resolved within the 60-day informal dispute resolution period, you and Concept Studio LLC agree to resolve any claims relating to these Terms or the use of Voxel through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York State law. Either party may commence the proceedings, which will be conducted in New York, New York.
    • Class Action and Jury Trial Waiver. Disputes may only be brought on an individual basis and may not be brought as a plaintiff or member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited. If for any reason a dispute proceeds to court rather than through mandatory arbitration, each party knowingly and irrevocably waives their right to a trial by jury in any action, proceeding, or counterclaim.

  18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

  19. Waiver. The failure of Concept Studio LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Concept Studio LLC must be in writing and signed by an authorized representative of Concept Studio LLC.

  20. Termination. Concept Studio LLC may terminate this Agreement at any time, with or without notice, for any reason.

  21. Relationship of the Parties. Nothing contained in this Agreement or your use of Voxel shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

  22. Entire Agreement. This Agreement constitutes the entire agreement between you and Concept Studio LLC and governs the terms and conditions of your use of Voxel, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Concept Studio LLC with respect to Voxel. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use Voxel. Concept Studio LLC may revise these Terms at any time by updating this Agreement and posting it on the Voxel site. Accordingly, you should visit the Voxel site and review the Terms periodically to determine if any changes have been made. Your continued use of Voxel after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

  23. Contact Information.
    Our Copyright Agent for Notice of claims of copyright infringement on Voxel is Alon Zuman, who can be reached as follows: