Terms & Conditions

Updated: April 2024

Purpose Of Research

“You”, “your”, and “user” are words in this Terms of Use that are used interchangeably and mean anyone, whether an individual, natural person or under or for any legal entity, whether plural or singular, that accesses and/or uses Mage services. For purposes of this Terms of Use, these words also include “Affirmer” as that word is defined and used in the CC0 1.0 Universal Public Domain Dedication (available at the link and hereby incorporated by reference as though fully set forth herein). Any such user hereby warrants that the user is of full legal age to contract in their respective legal jurisdiction.

Mage is run by Ollano Inc. to provide creative generative tools for everyone to express their creativity.

Privacy

Ollano Inc. understands users in the European Union may access and use Mage. Ollano Inc. takes precautions to protect users’ personal data in a manner compliant with the General Data Protection Regulation. To exercise your data rights under GDPR, Mage can be contacted at [email protected] with requests or concerns.

Ollano Inc. agrees never to sell or release to any 3rd party the private information described below in “Private Information Stored,”, except in accord with any public sale, merger, or other acquisition of Ollano Inc. or as required by law. Subsequent parties who obtain said private information through public sale, merger, or acquisition shall likewise be bound by the provisions described in this Terms of Service, or if this agreement cannot be upheld, Ollano Inc. will destroy such private information.

Private Information Stored

• The inputs provided by each unique user for each unique prompt
• The unique social IDs of the user submitting prompt, if provided and applicable

By your use of Mage, you hereby agree to forfeit all intellectual property rights claims, worldwide, and regardless of legal jurisdiction or intellectual property law applicable therein, including forfeiture of any/all copyright claim(s), to the API requests and images or artifacts or other response content created during the API transaction (collectively, the “Content”) you provide or receive through your use of Mage and Mage Discord service.

Copyright

The public domain is not a unified concept across legal jurisdictions, thus the specific affirmation you make when using the Mage services is that of the CC0 1.0 Universal Public Domain Dedication. Any/all users (includes “Affirmers” as described in the Universal Public Domain Dedication) specifically agree to the entirety of the referenced and incorporated Universal Public Domain Dedication, which includes, but is not limited to, the following:

Ownership Rights

Depending on your User Package, you retain your ownership rights to any Content you submit, post or display on or through the Services. You own your Content (and your incorporated audio, photos and videos are considered part of the Content). However, we do require you to grant certain rights to Ollano Inc. and other users of the Service, as described below.

By submitting, posting or displaying Content on or through the Services and/or those that may find their way into our training data through accidental web-scraping, independent of the Services or your User Package, you grant Ollano Inc. a perpetual, irrevocable, worldwide, transferable, sub-licensable, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming and/or translating ). This license authorizes us to make your Content available to the rest of the world and to let others do the same.

You agree that this license includes the right for Ollano Inc. to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Ollano Inc., or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

The license you grant Ollano Inc. would survive any termination, including for the reason of the Content being removed, where the operation of the Service can justify retention, or if use of Content is permitted to be retained before its removal, or where the Content finds its way into our training data through accidental web-scraping or if the law requires otherwise. In any event, removal of Content by the user, including opt-out users, would not require Ollano Inc. to: (a) recall Content that is being used by other users within any viewing functionality of the Service; or (b) delete copies we reasonably would need to keep for legal purposes.

Waiver

To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose....

All users, by use of Mage and the Mage Discord service hereby acknowledge having read and accepted the full CC0 1.0 Universal Public Domain Dedication, which includes, but is not limited to, the foregoing waiver of intellectual property rights with respect to any Content. User, by use of Mage and the Mage service, acknowledges understanding that such waiver also includes waiver of any such user’s expectation and/or claim to any absolute, unconditional right to reproduce, copy, prepare derivate works, distribute, sell, perform, and/or display, as applicable, and further that any such user acknowledges no authority or right to deny permission to others to do the same with respect to the Content. Any such user hereby waives and does not hold any rights whatsoever and regardless of legal jurisdiction to or in the Content. Further, all such users hereby acknowledge that this Terms of Use will be binding upon any of the user’s successors, heirs, agents, affiliates, administrators, representatives, attorneys, executors, divisions, and assigns, now and forever. This waiver further irrevocably and forever releases, acquits, and discharges Ollano Inc. from any and all claims, demands, charges, complaints, controversies, agreements, promises, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected, arising out of and relating in any way to the Content.

Note, that while users have forfeited copyright (and any/all intellectual property right claims) on these images, they are still public domain and can be used by anyone for any purpose, including by the user. Feel free to use images from Mage and the Mage Discord service for anything, including commercial purposes.

Prompt & Content Guidelines

Mage should not be used for:

• In any way that violates any applicable national, federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personal identifiable information that can be used to harm an individual;
• To defame, disparage or otherwise harass others;
• For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• For pornography and other mature audience content (e.g. explicit sexual acts);
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
• Copyrighted or trademarked material should be avoided in prompts.

Sexual Content

We prohibit any activity that involves sexual exploitation or abuse of a minor, including generating child sexual exploitation or abuse imagery, grooming, or sexual extortion (sextortion). When we identify such activity, we report all instances of child sexual exploitation to authorities, including attempts to engage in such conduct. Never generate, post, save, send, forward, distribute, or ask for nude or sexually explicit content involving anyone under the age of 18 (this includes sending or saving such images of yourself).

We prohibit generating, promoting, distributing, or sharing pornographic content. We also don’t allow commercial activities that relate to pornography or sexual interactions (whether online or offline). Breastfeeding and other depictions of nudity in non-sexual contexts are generally permitted.

Overview

We aspire to protect all Mage users from encountering harmful or abusive content. To that end, we’ve developed our Community Guidelines with the aim of ensuring users can create and share entertaining content, comfortably express themselves, and communicate freely on Mage, without being exposed to unsolicited sexual content or abuse. These policies prohibit generating, sharing, promoting, or distributing sexually explicit content––which covers a range of content including pornography, sexual nudity, or offers of sexual services––and condemns in the strongest terms any content that exploits children.

What you should expect

Pornographic content is prohibited, including nudity where the primary intention is sexual arousal or nudity that depicts sexual arousal, is prohibited. Examples of pornographic content include photos or videos, or even highly realistic animation, drawings, or other renderings of explicit sex acts. But it does not apply, for example, to nudity where the purpose is artistic expression, or the appearance of nudity in non-sexual contexts like breastfeeding, medical procedures, or current or historical events in the public interest.

These policies also prohibit offers of sexual services, including both offline services (such as, for example, erotic massage) and online experiences (such as, for example, offering sexual chat or video services).

The sexual exploitation of any member of our community, especially minors, is illegal, unacceptable, and prohibited. Exploitation may include sex trafficking; efforts to coerce or entice users to provide nudes; as well as any behavior that uses intimate imagery or sexual material to pressure or threaten members of our Community. We prohibit any communication or behavior that attempts to persuade or coerce a minor with the intent of sexual abuse or exploitation, or which leverages fear or shame to keep a minor silent.

How we enforce these policies

Content that violates our Community Guidelines will be subject to removal. Users who generate, share, promote, or distribute violating content will be notified of the violation. Severe or repeated violations of our policies will impact a user’s account access.

If you ever receive or see content that you believe is sexually explicit — if you feel uncomfortable at all — don’t hesitate to use our in-app reporting menu. Those reports are reviewed for action in ways that help to protect reporting users’ privacy and safety. We also encourage users to consider blocking unwelcome messages.

Our high-reach surfaces, including Home, Search, and Discover, are subject to proactive monitoring and other safeguards. These platforms may occasionally feature suggestive content that is not deemed sexually explicit (for example, revealing swimwear); however, users are strongly encouraged to report any content that you feel is inconsistent with our Community Guidelines.

Preventing, detecting, and eradicating Child Sexual Exploitation and Abuse Imagery (CSEAI) on our platform is a top priority for us, and we continuously evolve our capabilities to address CSEAI and other types of child sexually exploitative content. We report violations of these policies to the U.S. National Center for Missing and Exploited Children (NCMEC), as required by law. NCMEC then, in turn, coordinates with domestic or international law enforcement, as required.

Takeaway

Our goal is to foster a safe community where Mage users can create and express themselves, and we do not tolerate sexually explicit or exploitative content. If you ever feel uncomfortable, do not hesitate to reach out to a trusted person in your life, report violating content and block any offending users.

Community Guidelines

At Mage, we contribute to human progress by empowering people to create and have fun together. We created these Community Guidelines to support our mission by encouraging the broadest range of creation while striving to make sure Mage users can use our services safely every day. We want these Guidelines to be clear and understandable for all members of our community. Please note that in order to join our community, you must be at least 18 years old.

These Guidelines apply to all content (which includes all forms of communication, like text, images, generative AI, links or attachments, emojis, Apps, and other creative tools) or behavior on Mage — and to all Mage users. We are particularly sensitive to content or behavior that poses a risk of severe harm to Mage users, and reserve the right to take immediate, permanent action against users engaging in such behavior. Additional guidance about what we consider to be severe harm and how we take action against it is available here.

Mage offers generative AI features through our services. We implement safeguards designed to help keep generative AI content in line with our Community Guidelines, and we expect Mage users to use AI responsibly. We reserve the right to take appropriate enforcement action against accounts that use AI to violate our Community Guidelines, up to and including the possible termination of an account.

Advertisers and business partners agree to additional guidelines, including the requirement that their content is accurate and, where appropriate, fact-checked. Developers and AI Model creators are also subject to additional rules.

We want Mage to be a safe and positive experience for everyone. We reserve the right to decide, at our sole discretion, what content or behavior violates the spirit of our rules.

Sexual Content

We prohibit any activity that involves sexual exploitation or abuse of a minor, including generating and sharing child sexual exploitation or abuse imagery, grooming, or sexual extortion (sextortion), or the sexualization of children. We report all identified instances of child sexual exploitation to authorities, including attempts to engage in such conduct. Never post, save, send, forward, distribute, or ask for nude or sexually explicit content involving anyone under the age of 18 (this includes sending or saving such images of yourself).

We prohibit generating, promoting, distributing, or sharing pornographic content, as well as commercial activities that relate to pornography or sexual interactions (whether online or offline). Breastfeeding and other depictions of nudity in non-sexual contexts are generally permitted.

Harassment & Bullying

We prohibit bullying or harassment of any kind. This extends to all forms of sexual harassment, including sending unwanted sexually explicit, suggestive, or nude images to other users. If someone blocks you, you may not contact them from another Mage account.

Sharing images of a person in a private space — like a bathroom, bedroom, locker room, or medical facility — without their knowledge and consent is prohibited, as is sharing another person’s private information without their knowledge and consent or for the purpose of harassment (i.e., “doxxing”).

If someone is depicted in your creation and asks you to remove it, please do. Respect the privacy rights of others.

Please also do not harass another Mage user by abusing our reporting mechanisms, such as intentionally reporting content that is permissible.

Threats, Violence & Harm

Encouraging or engaging in violent or dangerous behavior is prohibited. Never intimidate or threaten to harm a person, a group of people, or someone’s property. Creation of gratuitous or graphic violence, including animal abuse, are not allowed. We don’t allow the glorification of self-harm, including the promotion of self-injury, suicide, or eating disorders.

Harmful False or Deceptive Information

• We prohibit spreading false information that causes harm or is malicious, such as denying the existence of tragic events, unsubstantiated medical claims, undermining the integrity of civic processes, or manipulating content for false or misleading purposes (whether through generative AI or through deceptive editing).
• We prohibit pretending to be someone (or something) that you’re not, or attempting to deceive people about who you are. This includes impersonating your friends, celebrities, public figures, brands, or other people or organizations for harmful, non-satirical purposes.
• We prohibit spam, including undisclosed paid or sponsored content, pay-for-follower promotions or other follower-growth schemes, the promotion of spam applications, or the promotion of multilevel marketing or pyramid schemes.
• We prohibit fraud and other deceptive practices, including the promotion of fraudulent goods or services or get-rich-quick schemes, or imitating Mage or Ollano Inc.

Illegal or Regulated Activities

Don’t use Mage to generate, send, or post content that’s illegal in your jurisdiction, or for any illegal activity. This includes generating, promoting, facilitating, or participating in criminal activity, such as buying, selling, exchanging, or facilitating sales of illegal or regulated drugs, contraband (such as child sexual exploitation or abuse imagery), weapons, or counterfeit goods or documents. It also includes generating, promoting or facilitating any form of exploitation, including sex trafficking, labor trafficking, or other human trafficking. We prohibit the illegal creation and promotion of regulated goods or industries, including unauthorized promotion of gambling, tobacco or vape products, and alcohol.

Hateful Content, Terrorism, and Violent Extremism

Terrorist organizations, violent extremists, and hate groups are prohibited from using our platform. We have no tolerance for content that advocates or advances terrorism or violent extremism. Hate speech or content that demeans, defames, or promotes discrimination or violence on the basis of race, color, caste, ethnicity, national origin, religion, sexual orientation, gender, gender identity, disability, or veteran status, immigration status, socio-economic status, age, weight, or pregnancy status is prohibited.

Please remember that you can always submit a report to our Trust & Safety team using our in-app reporting features or by contacting [email protected]. We review these reports to determine violations of these Guidelines. If you violate these Community Guidelines, we may remove the offending content, terminate or limit the visibility of your account, and/or notify law enforcement. We also refer information to law enforcement when activity poses an imminent threat to human life. If your account is terminated for violating these Guidelines, you are not allowed to use Mage again or circumvent this termination in any way.

Mage reserves the right to remove or restrict account access for users whom we have reason to believe, in our sole discretion, pose a danger to others, on or off of Mage. These include leaders of hate groups and terrorist organizations, individuals with a reputation for inciting violence or perpetrating severe harms against others, or behavior that we believe poses a threat to human life. In evaluating such behavior, we may consider guidance from other sources, such as subject matter experts or law enforcement, in determining whether to remove or restrict account access.

Indemnity Clause

Users, by use of Mage, hereby agree to indemnify and hold harmless Ollano Inc. against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (hereinafter “Claims”), arising out of and relating in any way to intellectual property infringement claims made against Ollano Inc. with respect to your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify Ollano Inc. against all Claims relating in any way to your use of Mage. This indemnity includes reimbursement to Ollano Inc. for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of Ollano Inc., including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against Ollano Inc.

Ollano Inc. makes no warranties or representations with respect to user Content and is not responsible for unauthorized use. Users are responsible for using Mage only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use. Users who observe unauthorized or illegal use of Mage are encouraged to report such conduct immediately to Mage Discord moderators for review.

Choice of Law

Clicking “Yes, and understand all work with Mage is public domain” indicates the user is of legal age to contract in the user’s jurisdiction and indicates the user’s fully informed acknowledgement, understanding, and agreement to the entirety of this Terms of Use and anything incorporated herein by reference. Clicking “No” will end the bot’s signup dialogue. Use of Mage without the user’s acceptance of this Terms of Use and all incorporated provisions constitutes unauthorized use for which the user disclaims any/all potential or actual right to relief against Ollano Inc., regardless of the legal jurisdiction of Ollano Inc. or the user’s domicile, residence, or location.

Fees and Payments

Billing

You may purchase a Paid Subscription directly from Mage by paying a subscription fee plus applicable taxes in advance on a monthly basis. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

Price and Tax Changes

Mage may from time to time make changes to Paid Subscriptions, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Mage Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

Your payment to Mage will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. You can cancel your subscription anytime via the Stripe Portal, accessible via the Mage navigation menu. Please contact our Customer Support team ([email protected]) if you have questions or need help with this. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Mage Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.