1. Acceptance of the ToS
Welcome to Leprechaun.ai (TM). Use of, and access to the Leprechaun.ai website, information, materials, products, chat systems, resources, and anything else at Leprechaun.ai ("Leprechaun.ai content") are subject to the terms and conditions laid out in this document or future revisions of this document, heretofore called the ToS. Please read the ToS carefully, INCLUDING THE BINDING ARBITRATION PROVISION, before using Leprechaun.ai. Usage of Leprechaun.ai constitutes a binding agreement between you and Leprechaun.ai to abide by the ToS. If you do not agree to the ToS, do not use Leprechaun.ai. Leprechaun.ai reserves the right to update the ToS at anytime without prior notice. It is your obligation to review the ToS with each usage of Leprechaun.ai in order to remain informed of the current terms. Any use of Leprechaun.ai after such notice shall constitute acceptance of such changes, modifications or additions to the ToS.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EVERY SINGLE PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Proper Use
Leprechaun.ai hereby grants, and by using Leprechaun.ai you thereby accept, a limited license to browse Leprechaun.ai's website. You may use Leprechaun.ai only for lawful purposes and in accordance with the ToS. You agree not to use Leprechaun.ai:
Leprechaun.ai is available only to individuals eighteen (18) years of age and older. Children between the ages of thirteen (13) and eighteen (18) years of age may have their parent or guardian complete the registration process, in which case the parent or guardian will take full responsibility under this license.
Leprechaun.ai reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without any liability or explanation.
3. Purchases and Payouts
If you wish to purchase any product or service of Leprechaun.ai ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Except when required by law, Purchases are non-refundable.
You may purchase a recurring subscription on Leprechaun.ai. If you do, you consent to Leprechaun.ai and/or its partners charging your card in the future. You may cancel at any time by contacting customer support. Cancellations will not be refunded for any unused portion of the subscription.
4. Content
Leprechaun.ai may contain user-generated content. As such, user-generated content submitted to Leprechaun.ai cannot be considered as representing Leprechaun.ai. Leprechaun.ai does not endorse, support, represent, or guarantee the truthfulness or reliability of content on Leprechaun.ai. By using Leprechaun.ai, you acknowledge that any reliance or acceptance of the content is at your own risk and discretion.
Improper content on the site does not constitute any consent or acceptance of such content by Leprechaun.ai. Leprechaun.ai reserves the right, but is under no obligation, to monitor content for improper use. Leprechaun.ai does not actively monitor content, does not publish content, and does not lay claim to content.
By transmitting content to Leprechaun.ai, you take full responsibility for the ramifications of such content. You acknowledge that the content is your own to post and your own responsibility, with all legal implications thereof. You understand that Leprechaun.ai may be legally required to provide information about your account to the government or third parties.
If any AI models are used that have restrictions, you must abide by those restrictions for the art generated. Any AI models used must not be trained on any art where there was a "NoAI" meta tag at the time the AI was trained.
You may not upload content that is confusingly similar to someone else's intellectual property unless that intellectual property is in the public domain, or you have explicit written permission from the owner of that intellectual property to use it on Leprechaun.ai. You may not upload art or content that is confusingly similar to a specific real person unless you have explicit written permission from that person to do so.
The following categories of content are prohibited:
Leprechaun.ai prohibits Child Sexual Abuse Materials (CSAM) and takes such concerns seriously. Creators may not upload adult or suggestive content of minors. Please report any such content to support@leprechaun.ai. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action.
Additionally, you may not use Leprechaun.ai for any use at all related to prostitution or sex trafficking. The solicitation, promotion, and facilitation of prostitution or sex trafficking is prohibited. Any such use, including linking to external websites promoting such use, may result in account deletion without refunding and/or paying out any funds in your account at the time of deletion.
Leprechaun.ai is under no obligation to actively or passively monitor content for improper use. Content submitted to Leprechaun.ai must not be inappropriate, libel, slander, racist, offensive, untrue, or anything else deemed improper at the sole discretion of Leprechaun.ai. Leprechaun.ai will not be responsible or liable for exercising or failing to exercise discretion. You acknowledge that content on Leprechaun.ai may be removed at any time, for any reason, without warning, consent, or explanation.
5. Intellectual Property Rights
Leprechaun.ai owns the intellectual property rights up to, but not necessarily including, all design, development, code, ideas relating to the site, products and services, trademarks, and logos. This includes the trademark Leprechaun.ai.
You, or an appropriate third party, retain the rights and powers to any and all concepts, ideas, and opinions posted by you on Leprechaun.ai. With great power comes great responsibility; you, not Leprechaun.ai, are responsible for your own content. Leprechaun.ai makes no claim to verify, support, or even acknowledge content posted online. By submitting content through Leprechaun.ai, you represent and warrant that you own the complete right, title and interest in and to that content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to Leprechaun.ai. Further, you grant Leprechaun.ai a permanent, worldwide, non-exclusive, royalty-free license to reproduce such content for unrestricted use for any purpose, either individually or in combination and both separately and as integrated into other capabilities, including without limitation the right to sublicense or otherwise authorize, implicitly or explicitly, third parties to exercise any or all such rights, including without limitation using the content while providing the Leprechaun.ai service, displaying or utilizing the content, or people aware of, advertising, or promoting Leprechaun.ai.
You hereby represent and warrant that you have the power and authority to grant such an agreement to Leprechaun.ai, either because you own the intellectual property to such content, represent the person or organization who does, or acknowledge that the content is in the public domain or under a sufficiently public license (such as a Creative Commons license). In the latter case, Leprechaun.ai is not party to any such licensing agreement; such agreement is between the the respective licensor and you.
6. No Resale or Reuse of Service
Leprechaun.ai content may not be sold or offered for sale or resale, in whole or in part. You may not act as a third-party disseminator of Leprechaun.ai content if: access to such content is for sale, requires subscription, or does not properly acknowledge Leprechaun.ai as the source. Proper acknowledgment includes a well-formed HTML link tag, if the medium makes such inclusion possible. You may not knowingly give content, sell content, or encourage or aid an improper third-party disseminator of content. You may not download Leprechaun.ai content for reuse either privately or publicly without express written consent, with the except of any content Leprechaun.ai makes available for press, news, or journalism.
7. Representations and Warranties
You hereby represent and warrant that your user information is truthful, accurate, and up-to-date. You further acknowledge that you will not impersonate, either actively or passively, someone else. Passive impersonation includes remaining silent or failing to answer inquiries. You further acknowledge that you have the necessary power and authority to enter into this agreement.
8. Disclaimer and Limitation of Liability
You acknowledge that use of Leprechaun.ai is at your own risk. Leprechaun.ai is provided on an "as is" basis without any warranties, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Leprechaun.ai does not claim to represent the opinions or content provided by its users and cannot be held liable in connection with any posting, content, image, or implication provided by its users. Leprechaun.ai does not monitor content. You acknowledge that Leprechaun.ai is not liable for damages, harm or defamatory, offensive, or illegal content posted by its users.
Leprechaun.ai makes a good-faith effort to protect personally identifiable information about you, as explained in the associated Privacy Policy, but Leprechaun.ai disclaims any and all liability for any unauthorized access to or use of your personally identifiable information. By accessing Leprechaun.ai, you acknowledge and agree to Leprechaun.ai's disclaimer of any such liability.
9. Termination and Suspension of Services
Leprechaun.ai reserves the right to terminate or suspend your account at any time, for any reason, in its sole discretion, and without providing any explanation or notice. This may include deletion or altering of content or user information. Termination or suspension of any account does not constitute monitoring on the part of Leprechaun.ai. Leprechaun.ai explicitly does not monitor content but may respond to inquiries which require actions such as termination or suspension. If terminated or suspended, you consent to simply move on and not hold Leprechaun.ai liable for any harm or damages.
10. Complaints and Appeals
If you would like to make a complaint about our content, contact us via email at support@leprechaun.ai All complaints will be reviewed and replied within 14 business days. Outcomes of any investigations or reviews will be be communicated to the complainant. Appeals or requests for any decision made should be presented to support@leprechaun.ai.
If you believe that yourself or intellectual property you own has been depicted in our content, and you would like to appeal removal of such content, please notify us by sending an email to support@leprechaun.ai.
11. Agreement to Arbitrate All Disputes and Legal Claims
You and Leprechaun.ai agree that any legal disputes or claims arising out of or related to this agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of this agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which this agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and Leprechaun.ai. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Leprechaun.ai agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
You and Leprechaun.ai agree to allow the other a reasonable opportunity to comply before taking any dispute or claims to arbitration. The parties agree to discuss and negotiate with each other in good faith to try to resolve all disputes.
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this ToS. The arbitrator's award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND Leprechaun.ai ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
12. Unsolicited Idea Submission Policy
Leprechaun.ai and its agents do not accept or consider unsolicited materials about the service, website, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Leprechaun.ai or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Leprechaun.ai accepts inadvertently or contrary to the above policy, you hereby grant Leprechaun.ai a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.
13. Feedback
You acknowledge and agree that any materials, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Leprechaun.ai in response to a request for such materials are non-confidential and shall become the sole property of Leprechaun.ai. This paragraph is not intended to apply to personal information about you, such as your name and email address, the use of which is described in the Privacy Policy.
14. Indemnification
Your views, opinions, and ideas as expressed on Leprechaun.ai are your own. You agree to indemnify Leprechaun.ai and its employees, partners or employees of partners, from any liabilities or harms relating to such content. This agreement indemnifies Leprechaun.ai from any damages or liabilities. Actions taken or threatened against Leprechaun.ai, by you or a third party acting by cause of you, possibly with or against you, may result in processing or lawyer fees. You agree to pay any such fees incurred by Leprechaun.ai in such an instance.
15. Miscellaneous
Nothing in this ToS establishes a Joint Venture, Partnership, Employment, or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of our ToS or your access to or use of the Services.
You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your account credentials, are not such persons or entities and are not located in any such country.
16. Entire Agreement
This ToS constitutes the entire service agreement between you and Leprechaun.ai, superseding any other agreements or contracts such as a prior ToS. You may however be subject to further agreements or terms for further products or services not covered by this ToS.
17. Statute of Limitations
You agree that any legal claim, benefit, notice, or cause of action arising or related to the use of Leprechaun.ai must be filed within one (1) year after the first occurrence of a relevant action relating to the claim, benefit, notice, or cause of action. You further agree that if you do not file such claim, benefit, notice, or cause of action within one (1) year of such occurrence, you shall be thereafter barred from making such claim, benefit, notice, or cause of action, regardless of any statute or law to the contrary. You consent to provide Leprechaun.ai with due notice of at least two (2) weeks before filing any such claim, benefit, notice, or cause of action. You agree that failure to provide proper notice will disqualify you from receiving any benefits or awards, or from proceeding with such claims.
18. Jurisdiction
You agree that any difference of understanding will be resolved under the jurisdiction of Santa Clara County, in the state of California, United States, or a jurisdiction to be decided by Leprechaun.ai at the time of filing, regardless of your place of residence or operation. Any legal claims, filings, proceedings or litigation arising in connection with this ToS will be brought solely in either Santa Clara County or the jurisdiction decided upon by Leprechaun.ai at the time of filing, and you consent to the jurisdiction of such courts.
19. Waiver and Severability
No waiver by Leprechaun.ai of any term or condition set forth in ToS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leprechaun.ai to assert a right or provision under ToS shall not constitute a waiver of such right or provision.
If any provision of ToS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of ToS will continue in full force and effect.
20. Copyright Infringement and Compliance with the Digital Millennium Copyright Act
Leprechaun.ai will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a copyright has been infringed on Leprechaun.ai, please contact us through the information provided on the Leprechaun.ai website. If you wish to respond to a claim of infringement, please contact us through the information provided on the Leprechaun.ai website.