Terms & Conditions

Tik Tak- Studio offers its services and related services to you, a user, conditioned upon your acceptance of all terms and conditions set forth by us, including these Terms of Use and all related policies.
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Thank you for using Tik- Tak studio's image creation and stock photography services (the "Services"). These Terms of Use (the "Agreement") set forth what rights you have with respect to the images generated by the Service and other assets generated by you (the "Assets"), your use of the Services, and other important issues such as arbitration. Please read them carefully. We have a Privacy Policy that describes how we handle your information. This agreement is between Metuktakim. and the company or person agreeing to these terms ("Customer") and governs Customer's access to and use of the Services.
This Agreement shall become effective when Customer is presented with this Agreement and uses the Services (the "Effective Date") or receives or distributes assets. These Terms may be updated and resubmitted to Customer from time to time. Continued use of the Services shall constitute acceptance of the updated Terms. If you do not agree to the Agreement, please discontinue use of the Services.
Other documents referenced herein may also be binding on Customer's use of the Services, including the Community Guidelines set forth below.

1. Availability and Quality of the Services

We are constantly developing the Services to make them better for you. The Services are subject to modification and change, including but not limited to the artistic style of the Assets, the algorithms used to generate the Assets, and the features available to Customer. No warranties are made as to the quality, stability, uptime or reliability of the Services. 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 damages resulting from your dependence on the Services.

Both the Services and the Assets are provided to Customer on the basis of "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 your use or redistribution of the Assets and assume all risks associated with your use of the Services.

Metuktakim reserves the right to suspend or terminate 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 or interact with the Services or generate assets through the Services. Only one user per registered account may use the Services. Each user of the Services may have only 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 suspected unlawful activity to law enforcement authorities, regulators, or other third parties and disclosing to such persons or entities any information necessary or appropriate with respect to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

2. Age Requirements

By accessing the Services, you certify that you are at least 13 years of age and meet the minimum age for digital consent applicable in your country. If you are old enough in your country to access the Services but not old enough to agree to our terms, your parents or guardian must agree to our terms on your behalf. Ask your parents or guardian to read these terms with you. If you are a parent or guardian and allow your teen to use the Services, these terms apply to you as well and you are responsible for your teen's activities on the Services. Metuktakim tries to make its Services 13+ and family friendly, but the assets are generated by an artificial intelligence system based on user requests. This is a new technology that does not always work as expected. No guarantees are made as to the suitability of the assets for the customer.

3. Your Information

 By using the Services, you may provide Metuktakim with personally identifiable information, such as your email address, username, billing information, favorites, image output, and text prompts that you enter or sample images that you upload to the Service. Our policy describing what we do with your personal information and the rights you have with respect to your personal information can be found here. Both parties agree to comply with all applicable data protection laws. To the extent that the parties need to agree to additional privacy or data transfer provisions, the parties will work together in good faith to agree to such provisions.

4. Copyright and Trademarks

 To the fullest extent permitted by law and as between you and Metuktakim, you own your Uploads, and you agree that Metuktakim owns all generations, and you hereby make all necessary assignments to that effect. Metuktakim grants you the exclusive right to reproduce and display such Generations, and will not resell the Generations you create, use the Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our content policy. If you violate our Terms or Content Policy, you will lose the right to use Generations, but we will notify you in writing and give you a reasonable opportunity to cure your violation unless it was clearly illegal or abusive. You acknowledge and agree that similar or identical generations may be created by others using their own prompts, and that your rights apply only to the specific generation you created.

5. DMCA and Takedowns Policy

 Metuktakim uses an artificial intelligence system trained on public datasets to create its assets. Such assets may be unintentionally similar to copyrighted material or trademarks that you own. We respect rights holders internationally. If you believe that your copyright or trademark is being infringed by the Service, please write to Info@metuktakim.co.il and we will address your request.

 6. Dispute Resolution and Governing Law

 1. All legal claims arising from or related to this agreement (including any dispute regarding the interpretation or execution of the agreement) ("Dispute") shall be governed by the laws of the State of Israel.

 2. The parties shall make good faith efforts to resolve any dispute within 30 days after the dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration in the Israeli Dispute Resolution Court in accordance with the Expedited Commercial Procedures Rules in effect at the time of entering into this Agreement ("Rules").

 3. The parties shall select an arbitrator by mutual agreement. The arbitration shall be conducted in Israel in the Hebrew language.

 4. Either party may apply to any court of competent jurisdiction for an injunction to protect its rights pending the completion of the arbitration. The arbitrator may order equitable or injunctive relief in accordance with the remedies and limitations of the Agreement.

 5. The arbitrator's award shall be final and binding on the parties, and enforcement thereof may be sought in any court of competent jurisdiction, including any court having jurisdiction over either party or any of its property.

 6. Each party shall bear its own attorney and expert fees and costs, regardless of the arbitrator's final decision on the dispute.

7. Unlimited Service and Rate Limitation

If you purchase an Unlimited Plan, we will attempt to reasonably offer you unlimited access to the Services. However, we reserve the right to limit the rate to avoid degradation of quality or disruption to other customers.

8. Payment and Billing

We may bill you for your use of the Services through a third-party payment services provider. The terms and conditions of the third party provider will govern and take precedence over this agreement in the event of a 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, such as a violation of the community guidelines or other inappropriate use of the service. Upon cancellation or termination, all outstanding usage fees will be billed immediately. You will not receive a refund for the current billing period, but billing will cease at the end of the current billing period. Refunds requested within 14 days of purchase may be refunded in full if no more than three images have been downloaded.

9. Community Guidelines

1. Be friendly and respectful of each other and the staff. Do not create images or use text prompts that are disrespectful, aggressive or otherwise offensive. Violence or harassment of any kind will not be tolerated.

2. No adult content or gory scenes. Please avoid visually shocking or disturbing content. We will automatically block some text submissions.

3. Sharing others' creations. Do not post the works of others without their permission.

4. Be careful when sharing. It is OK possible to share your creations outside of the Metuktakim community, but please consider how others may view your content.

5. Violations of these rules may result in exclusion from our services.

10. Limitation of liability and compensation

We provide the Service "as it is," and we make no promises or warranties about it. You understand and agree that we shall not be liable to you or to any third party for any loss of profits, use, goodwill or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising. You are responsible for your use of the service. If you cause harm to someone or get into a dispute with someone, we will not get involved. If you knowingly infringe someone else's intellectual property and cost us money as a result, we will track you down and collect the money from you. We could also take other actions, such as trying to get a court to make you pay our legal fees. Do not do this.

11. Other

1. Force Majeure. Neither party is liable for any failure or delay in performance of the contract to the extent caused by circumstances beyond its control, including acts of God, natural disasters, terrorism, riot, or war.

2. No Representation. This agreement does not create any agency, partnership or joint venture between the parties.

3. Severability. If any part of this agreement is invalid, illegal or unenforceable, the remainder of the agreement will remain in effect.

4. No Third Party Beneficiaries. This agreement does not confer any benefits to third parties unless expressly stated.

5. Survival. The sections and obligations in this agreement that a reasonable person would expect to survive this agreement shall survive. This applies in particular to the areas of intellectual property and data protection.