Welcome to Eli ("Service," "Platform"), provided by Eli Makes, LLC ("we," "us," "our"). By accessing our marketing website at www.eli.is or using our web application at make.eli.is, you agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you may not use the Service.
1.Eligibility
You must be at least 18 years old to use Eli. By registering for an account, you represent and warrant that you are 18 years of age or older. We reserve the right to terminate any account if we discover the user is a minor.
2.Your Account
- Registration: To use the Service, you must register for an account. You agree to provide accurate, current, and complete information.
- Security: You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activities that occur under your account.
- Access: We reserve the right to disable your account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
3.Intellectual Property and Content Ownership
This is the section that defines who owns the images and videos generated on Eli.
A.Your Ownership (Inputs and Outputs)
As between you and Eli Makes, LLC, you own all rights, title, and interest in:
- Input: The text prompts, images, and videos you upload to the Service.
- Output: The images and video assets generated by the Service based on your Input.
We hereby assign to you all right, title, and interest in and to the Output. This means you are free to use your generated content for commercial or non-commercial purposes, subject to your compliance with these Terms and the law.
B.License to Eli
To provide the Service, we need permission to process your data. You grant us a non-exclusive, worldwide, royalty-free license to access, reproduce, display, and modify your Inputs and Outputs solely as necessary to:
- Generate the content you requested.
- Display the content in your personal gallery/history.
- Comply with technical requirements of our service providers (e.g., hosting).
C.No Training on Your Data
Consistent with our Privacy Policy, we do not claim a license to use your Inputs or Outputs to train, fine-tune, or improve our artificial intelligence models for the general public.
D.Legal Uncertainty of AI Copyright
Please be aware that the law regarding the copyrightability of AI-generated content is complex and evolving. Depending on your jurisdiction (e.g., US Copyright Office guidelines), pure AI generations may not be eligible for copyright protection. We grant you ownership of the files, but we cannot guarantee that a government body will recognize you as the legal "author."
E.Similarity of Content
Due to the nature of AI, different users may generate similar content using similar prompts. You acknowledge that you have no claim against other users or us if their generated content is similar to yours.
4.Acceptable Use Policy
You agree not to use Eli to generate content that involves or promotes:
- Child Sexual Abuse Material (CSAM): Zero tolerance. We report all instances to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
- Non-Consensual Sexual Content (Deepfakes): Generating realistic sexual images of real people (celebrities or private individuals) without their consent is strictly prohibited.
- Violence and Hate Speech: Content promoting violence, self-harm, harassment, or discrimination based on race, religion, gender, or sexual orientation.
- Deception: Content intended to deceive the public, interfere with elections, or spread disinformation.
We reserve the right to monitor Inputs and Outputs (using automated systems or human review) to ensure compliance. Violations will result in immediate account termination.
5.Subscription, Payments, and Cancellation
- Billing: We use Stripe to process payments. By subscribing, you agree to pay the fees indicated at the time of purchase.
- No Refunds: Payments are non-refundable, except as required by law.
- Cancellation: You may cancel your subscription at any time via your account settings. Your access will continue until the end of the current billing cycle.
- Data Deletion Policy: As stated in our Privacy Policy, if you cancel your subscription, we will retain your generated history for 30 days. After 30 days, your gallery and account data will be permanently deleted. It is your responsibility to download your content before this period expires.
6.Disclaimers and Limitations
A."As Is" Service
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We rely on third-party AI vendors (e.g., for model inference) and hosting providers (Vercel). We do not guarantee that the Service will be uninterrupted, secure, or error-free.
B.AI Limitations
Artificial Intelligence is unpredictable. You acknowledge that:
- The Output may not match your Prompt perfectly.
- The Output may contain artifacts, errors, or distortions.
- The Service may inadvertently generate offensive or inappropriate content despite our safety filters.
C.Limitation of Liability
To the maximum extent permitted by law, Eli Makes, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages. In no event shall our total liability exceed the amount you paid us in the last six (6) months.
7.Third-Party Links and Services
Our Service may interact with or contain links to third-party web sites or services that are not owned or controlled by Eli Makes, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
8.Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
9.Contact Us
If you have any questions about these Terms, please contact us at:
Eli Makes, LLC169 Madison Ave #56586
New York, NY 10016
Email: support@eli.is