Terms of Use
Effective date: Friday, October 11th, 2024
1. Will these Terms ever change?
2. What about my privacy?
3. What are the basics of using Remix?
4. What about messaging?
5. Are there restrictions in how I can use the Services?
6. What are my rights in the Services?
7. What about anything I contribute to the Services – do I have to grant any licenses to Remix or to other users?
8. What if I see something on the Services that infringes my copyright?
9. Who is responsible for what I see and do on the Services?
10. Will Remix ever change the Services?
11. Do the Services cost anything?
12. Subscriptions and Fees
13. What if I want to stop using the Services?
14. What about Mobile Applications?
15. I use the Remix App available via the Apple App Store – should I know anything about that?
16. What else do I need to know?
17. Warranty Disclaimer
18. Limitation of Liability
19. Indemnity
20. Assignment
21. Choice of Law
22. Arbitration Agreement
23. User uploaded LoRAs
24. Miscellaneous
Welcome to Remix. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: [email protected]
Address: 548 Market St PMB 14531, San Francisco, California 94104-5401
These Terms of Use (the “Terms”) are a binding contract between you and Remix AI., Inc. (“Remix,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy https://help.getremix.ai/en/articles/8362863-the-easyco-inc-privacy-policy-remix, Copyright Dispute Policy https://help.getremix.ai/en/articles/8363376-remix-copyright-dispute-policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our application, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Remix takes the privacy of its users very seriously. For the current Remix Privacy Policy, please click here https://help.getremix.ai/en/articles/8362863-the-easyco-inc-privacy-policy-remix.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible.
If you believe that a child under 13 years of age may have provided us personal information, please contact us at [email protected].
What are the basics of using Remix?
Platform
Remix enables you to create, share, discover, learn about, or otherwise interact with (to the extent permitted by the functionalities of the Services) content created by generative artificial intelligence on a social platform provided by us.
User Sign-up
You will be required to sign up for an account via Apple, Google or Discord authentication (each, a “Third Party Account”), select a password and user name (“Remix User ID”), and provide us with certain information or data. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Remix User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use (unless provided otherwise in a separate agreement you entered into with us), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Remix User ID or account with anyone, and you must protect the security of your Remix User ID, account and any other access tools or credentials. You’re responsible for any activity associated with your Remix User ID and account.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Remix sends you (for example, via push notification or email). When signing up for the Services, you may receive a welcome message and instructions on how to stop receiving messages.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User-Owned Content (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Remix );
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Remix;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Remix User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the, account, or other security information from any other user;
violates the security of any computer network, or cracks any login or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
involves the use of our Services or Content to train artificial intelligence or machine learning models without Remix’s express written consent;
uses or shares the Content or User-Owned Content for illegal or abusive purposes;
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, artificial intelligence generated text, graphics, data, videos, photos, images, illustrations, User-Owned Content (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Remix's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely as permitted by the functionalities of the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Remix owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Remix or to other users?
User-Owned Content
Anything you post, upload, share, store, generate, create, or otherwise provide through the Services is your “User-Owned Content”. Some User-Owned Content may be viewable by other users if you choose to post or share; please refer to the subsection “Licenses” below. Remix may generate related or derivative works based on your User-Owned Content, including images, short videos, captions or other content (“Generated Content”), but the User-Owned Content itself may still remain private. You are solely responsible for all User-Owned Content you contribute to the Services. You represent that all User-Owned Content submitted by you are (i) accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, (ii) do not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User-Owned Content that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User-Owned Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User-Owned Content (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy https://help.getremix.ai/en/articles/8362863-the-easyco-inc-privacy-policy-remix to the extent they relate to User-Owned Content that are also your personally-identifiable information.
For all User-Owned Content, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, you hereby grant Remix a license to (i) host, translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer), reproduce and otherwise act with respect to such User-Owned Content, in each case to enable us to operate and improve the Services, as described in more detail below and (ii) create, copy, modify, display, perform and distribute Generated Content. Specifically, this license gives Remix the right to use your User-Owned Content and any Generated Content in connection with developing and training its artificial intelligence algorithms and models, as well as developing and providing its products and services. This is a license only – your ownership in User-Owned Content is not affected.
If you store a User-Owned Content in your own personal Remix account, in a manner that is not viewable by any other user except you (a “Personal User-Owned Content”), you grant Remix the license above, as well as a license to display, perform, and distribute your Personal User-Owned Content for the sole purpose of making that Personal User-Owned Content accessible to you and providing the Services necessary to do so.
If you share a User-Owned Content in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User-Owned Content”), then you grant Remix the licenses above, as well as a license to display, perform, and distribute your Limited Audience User-Owned Content for the sole purpose of making that Limited Audience User-Owned Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User-Owned Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User-Owned Content publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User-Owned Content”), then you grant Remix the licenses above, as well as a license to display, perform, and distribute your Public User-Owned Content for the purpose of making that Public User-Owned Content accessible to all Remix users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User-Owned Content in connection with the Services and/or otherwise in connection with Remix's business. Also, you grant all other users of the Services a license to access that Public User-Owned Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Lastly, you agree Remix may use information about your use of the Services in connection with developing and training its artificial intelligence algorithms and models, as well as developing and providing its products and services, and you hereby grant Remix a license to do so.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Remix account, we will stop displaying your User-Owned Content (other than Public User-Owned Content and Generated Content, , which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Remix 's records, machine learning models or algorithms, and that your User-Owned Content may remain viewable elsewhere to the extent that they were copied or stored by other users.
Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Remix to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Remix, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User-Owned Content to conform and adapt those User-Owned Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here[LINK].
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Remix. The Services may provide content or information that is generated by our third-party artificial intelligence service provider(s) in response to your User-Owned Content. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Remix is not responsible for such risks.
Remix has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services, including artificial intelligence responses generated by third-party service providers that may be incorporated into the Services. In addition, Remix will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Remix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Remix is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Remix, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Subscription and Fees
Much of the Services are free of charge. We also offer subscription plans that provide access to enhanced services and features for a fee (a “Subscription”). You may purchase a Subscription directly through the Apple App Store or Google Play Store. As such, separate terms and conditions from the respective third party in addition to these terms may apply to your access to the Service.
Your payment to the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period (see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.
Unless we specify that your Subscription includes use of the Service by multiple users (eg, Family Sharing offered by Apple’s App Store), your Subscription is for a single user only.
Payment Method
Unless otherwise indicated, you are required to provide a credit card or other payment method that the third party through which you purchased the Subscription, accepts to pay the applicable fee for a Subscription. Such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. The third party reserves the right to cancel your Subscription if they are unable to successfully charge your payment method.
Billing Period
The third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.
The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize the third party to charge you for these varying amounts, if any.
Cancellation and Refunds
You can cancel your Subscription by signing in to your third party app store account and following the instructions for canceling your Subscription.
If you cancel your Subscription, you will continue to have access to the applicable enhanced Services and Features through the end of your current billing period. Your account will be downgraded to the Remix free tier at the end of the billing period. You will not lose any content that you created while you were a paying subscriber
All payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.
Free Trials and Promotions
From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, your third party app store will require you to provide your payment details to start the Trial. By providing such details, you agree that your app store may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL THROUGH YOUR THIRD PARTY APP STORE ACCOUNT.
What if I want to stop using the Services?
You’re free to do that at any time by deleting your account in settings or contacting us at [email protected]; please refer to our Privacy Policy https://help.getremix.ai/en/articles/8362863-the-easyco-inc-privacy-policy-remix, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Remix is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Remix has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User-Owned Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Remix.
If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What about Mobile Applications?
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
I use the Remix App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
Both you and Remix acknowledge that the Terms are concluded between you and Remix only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Remix , and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Remix , and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Remix acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and Remix acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
User-submitted LoRAs
Definitions
LoRA (Low-Rank Adaptation): A machine learning model submitted by users to Remix, enabling image generation enhancements or modifications.
Free Submission: A LoRA submission option that allows users to share their LoRAs with the Remix community at no cost.
Pro Submission: A LoRA submission option that enables creators to earn revenue from their LoRAs based on usage.
Creator: The individual or entity that develops and submits a LoRA to Remix.
Verification: The process by which Remix confirms the ownership and compliance of a Pro LoRA before revenue distribution.
Net Revenue: The total revenue generated from a Pro LoRA after deducting any applicable fees, taxes, and refunds.
Launch Date: The official date when the LoRA submission feature becomes available to users.
Early Submission Period: The first 30 days following the Launch Date during which Pro LoRAs submitted are eligible for enhanced revenue sharing.
LoRA Submission Options
Free Submission
Users may choose to submit their LoRAs under the Free category, which includes:
Community Sharing: Making LoRAs available for anyone in the Remix community to use free of charge.
Wide Distribution: Facilitating easy sharing of LoRAs with the entire Remix community, enhancing accessibility and collaboration.
Pro Submission
Users may opt to submit their LoRAs under the Pro category, which includes:
Earn Revenue: Creators earn a percentage of the net revenue generated each time their LoRA is used to generate an image. The revenue share varies based on the submission timing as detailed in Section 5.
Verification Required: Pro LoRAs must be verified by Remix to confirm the creator’s rights and the integrity of the LoRA before any payments are made.
Monthly Payouts: Earnings are disbursed monthly once the total earnings reach at least $100. Payouts are managed through Stripe, and if Stripe is unavailable in the creator’s country, equivalent Remix credits will be provided.
Track Earnings: Creators can monitor their LoRA usage and earnings through the Stripe Dashboard integrated with Remix.
Representations and Warranties
Ownership and Rights: By submitting a LoRA to Remix, you represent and warrant that you are the sole creator and owner of the LoRA or that you have obtained all necessary rights, licenses, and permissions to submit the LoRA for distribution and use as outlined in these Terms.
No Infringement: You warrant that the LoRAs you submit do not infringe upon or violate any intellectual property rights, proprietary rights, or privacy rights of any third party.
Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in submitting and using LoRAs on Remix.
License Grant
By submitting a LoRA, you grant Remix a worldwide, non-exclusive, royalty-free license to host, display, distribute, and modify your LoRA as necessary to operate the service.
You grant other Remix users a non-exclusive, royalty-free license to access and use your LoRA in accordance with these Terms.
Revenue Sharing Terms for Pro Submissions
Standard Revenue Share: For Pro LoRA submissions, creators will earn 70% of the net revenue generated each time their LoRA is used to generate an image.
Net Revenue Definition: “Net Revenue” refers to the total revenue generated from a Pro LoRA after deducting any applicable fees, taxes, and refunds.
Usage Tracking: Earnings will be tracked and accessible through the Stripe Dashboard provided by Remix.
Verification: All Pro LoRAs must undergo a verification process to confirm the creator’s rights and the integrity of the LoRA. Verification must be completed before any revenue can be earned and paid out.
Payouts: Earnings from Pro LoRAs will be paid out monthly once your total earnings reach a minimum of $100. Payments are managed through Stripe. If Stripe is unavailable in your country, you will receive equivalent Remix credits instead, subject to the Terms of Use and supported countries list.
Earnings Tracking: You can monitor your LoRA usage and earnings through the Stripe Dashboard provided by Remix.
Intellectual Property Rights
You retain all rights, title, and interest in and to your LoRAs. By submitting a LoRA, you grant Remix and its users the licenses described herein, but you do not transfer ownership of your LoRAs to Remix.
Indemnification
You agree to indemnify, defend, and hold harmless Remix, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your submission of LoRAs, including any breach of the representations and warranties stated herein.
Disclaimers and Limitations of Liability
Disclaimers: All LoRAs are provided “as is” without any warranties, express or implied. Remix disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: In no event shall Remix be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use LoRAs, even if Remix has been advised of the possibility of such damages.
Termination and Removal of Content
Termination and Removal: Remix reserves the right to remove any LoRA at its sole discretion if it violates these Terms of Use or is deemed harmful to the Remix community. Upon removal, you will be notified, and any pending payouts will be forfeited.
Payment Terms Specifics
Payment Processing: All payouts for Pro LoRAs are processed through Stripe. By opting for Pro submissions, you agree to comply with Stripe’s Terms of Service in addition to these Terms of Use.
Currency and Equivalents: If Stripe is not available in your country, Remix will credit your account with equivalent Remix credits based on the revenue generated by your Pro LoRAs. These credits can be used within the Remix platform in accordance with our Credit Usage Policy.
Modification of Terms
Remix reserves the right to modify these Terms of Use at any time. Users will be notified of significant changes, especially those related to LoRA submissions and revenue sharing. Continued use of the service constitutes acceptance of the updated Terms.
Privacy Considerations
Information related to your LoRA submissions and earnings is subject to Remix’s Privacy Policy. By submitting a LoRA, you consent to the collection and use of your data as described therein.
What else do I need to know?
Warranty Disclaimer. Remix and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Remix and all such parties together, the “Remix Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Remix Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Remix Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY REMIX (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE REMIX PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO REMIX IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Remix Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Remix's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Remix and limits the manner in which you can seek relief from Remix. Both you and Remix acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Remix's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Remix will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Remix will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Remix may assert claims, if they qualify, in small claims court in San Francisco or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND REMIX WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Remix are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Remix over whether to vacate or enforce an arbitration award, YOU AND REMIX WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Remix is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 548 Market St PMB 14531, San Francisco, California 94104-5401 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Remix to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Remix agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Remix.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Remix may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Remix agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Remix, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Remix, and you do not have any authority of any kind to bind Remix in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Remix agree there are no third-party beneficiaries intended under these Terms.