These terms and conditions are established to define the rights, obligations, responsibilities, and procedures between ALTAVAGROUP PTE. LTD ("ALTAVA" or the "Company") and members regarding the services provided by the Company.
These terms and conditions aim to regulate the rights, obligations, and responsibilities between Cyber "ALTAVA" and users in using the internet-related services provided by ALTAVAGROUP PTE. LTD. operating under altava.ai ("ALTAVA"). By accessing or using the service, users, whether registered as members or not, acknowledge that they have read and understood these terms and agree to be bound by them.
In these terms and conditions, the following terms are defined and used as follows:
A user may use the service only if they are able to form a legally binding contract with "ALTAVA," and only if they comply with this Terms of Use and all applicable local, national, laws, statutes, ordinances, and regulations while using the service. If the user is under the age of 13, their parent or guardian must agree to this Terms of Use on their behalf and take responsibility for the user's use of the service, including the financial responsibility for purchases made through the service.
To access services and features, a user must create an account on altava.ai ("ALTAVA"). Users are prohibited from using another user's account without permission. Users are solely responsible for activities occurring on their accounts. If a security breach or unauthorized use of a user's account occurs, the user must notify ALTAVA immediately. ALTAVA shall not be liable for any loss arising from unauthorized use of an account.
By using ALTAVAGROUP services, members grant related rights to ALTAVAGROUP, allowing the replication, preparation of derivative works, and public display of assets created under the direction of members. This license is permanent, global, royalty-free, and non-exclusive.
The design of the outcome created using our service belongs to us, granting us the right to process, reuse, and replicate the design. However, files in 3D format downloaded by members belong to them.
ALTAVAGROUP reserves the right to use members' assets for business promotions or allow advertisements on third-party platforms. This license remains effective even if the agreement is terminated.
You grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable right and license to use, reproduce, modify, copy, process, adapt, post, transmit, create derivative works of, publicly display, and distribute all public content for the purpose of providing, maintaining, promoting, and improving the service, including for AI model training, new product development, or commercial purposes.
In the case of users subscribed to our Free subscription (Free subscribers), all intellectual property rights in any outputs generated by you or your authorized users while using the platform during the parties' engagement vest in us upon creation, and to the extent that ownership of such intellectual property rights does not automatically vest in us, you agree to assign all such intellectual property rights to us and to take all other steps necessary to perfect our ownership of those rights. All content generated under the Free subscription is subject to the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), which restricts use to non-commercial purposes only.
You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (except to related bodies corporate as defined in the Corporations Act 2001 (Cth)), and non-transferable right and license to use private content solely for the purpose of fulfilling our obligations or exercising our rights under these terms. We will not use, store, analyze, or process your inputs for any other purpose, including AI model training, new product development, or commercial purposes, without your express written consent.
We respect intellectual property rights and ask our users to do the same. If you believe that material available on or through the service infringes one of your copyrights or trademarks, please contact the infringer directly. Additionally, send a notice of the infringement claim to support@altava.com, including the following:
Upon receiving a notice complying with the above, we will take appropriate action, including removing or disabling access to the reported material, notifying the accused party, and terminating repeat infringers' access to the service. Be aware that intentionally making a false claim of copyright infringement may result in liability for damages (including costs and attorney fees) under Section 512(f) of the DMCA. ALTAVAGROUP is not in a position to evaluate the legal validity of such claims. Claims for further action or remedies against copyright-infringing users must be pursued directly by the affected users.
Members own the copyright and other intellectual property rights in their user content, except as modified for Free subscribers as stated above. In the case of creating secondary works, members own the rights to the added or altered design in file form, not the original work itself. ALTAVAGROUP grants members a limited, non-exclusive, royalty-free, revocable, non-transferable license (unless the member does not sublicense or transfer the design to the final beneficiary) to access and use the design for purposes permitted by these terms.
Permitted purposes include:
All other uses are expressly prohibited.
Content can be displayed and provided to other users of our tools and/or design, but we are not obligated to do so. Members grant us (and represent and warrant that they have the right to grant) the following rights to use their user content in connection with our service and for commercial purposes, including in various media:
By utilizing generative AI services, you acknowledge and agree that all output generated belongs to ALTAVAGROUP PTE. LTD, subject to the plan-specific ownership and licensing provisions outlined in the User Content section. Furthermore, ALTAVAGROUP PTE. LTD retains all rights to the output within the scope of service provision and agrees to utilize it. Members cannot reproduce, distribute, or use the output generated by the service for any purpose without the written consent of ALTAVAGROUP PTE. LTD, except as permitted under their subscription plan (e.g., commercial use for Starter and Pro subscribers). ALTAVAGROUP PTE. LTD makes no representations or warranties with respect to the current laws applicable to members.
Nothing in this clause or these terms shall limit or exclude ALTAVA's liability or any other liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that such liability cannot be limited or excluded by applicable law.
ALTAVA shall not be liable for:
ALTAVA shall not be liable for any losses other than those resulting directly and reasonably foreseeable from gross negligence (and in no event shall ALTAVA be liable for indirect or consequential losses, profits, contracts, data, business, business opportunities, goodwill, reputation, or similar losses).
ALTAVA does not guarantee that its tools will be free from viruses or safe for use. Members are responsible for configuring their information technology, computer programs, and platforms to access ALTAVA's tools and designs. Members must use virus protection software.
Users agree not to engage in any of the following prohibited activities concerning the service:
In the following cases, we may suspend or terminate a member's right to use the service five days in advance:
"ALTAVA" values the preservation and security of user's personal information. However, the company cannot guarantee that unauthorized third parties will never breach its security measures or use user's personal information for inappropriate purposes. Users acknowledge that they voluntarily provide their personal information at their own risk.
The service may include links to third-party sites, services, special offers, or other events or activities that are not owned or controlled by "ALTAVA." "ALTAVA" does not assume responsibility or endorse the information, materials, products, or services of such third-party sites. When users access third-party sites through the service, they do so at their own risk, and users understand that these terms of use and "ALTAVA"'s privacy policy do not apply to their use of such sites. Users explicitly release "ALTAVA" from all legal liability arising from their use of a third-party website, service, or content. Furthermore, any transactions or promotional activities with advertisers found on or through the service (including payment and delivery of goods and related terms, conditions, warranties, etc.) are solely between the user and the advertiser. Users agree that "ALTAVA" is not responsible for any loss or damage of any sort incurred as a result of such dealings with advertisers.
Users can access the platform as 'Creators' by registering as creators, allowing them to access creator-exclusive services. Users with creator qualifications can publish 3D clothing models and generate revenue by downloading various avatar costumes through them. To register as a creator, users must apply through recruitment announcements.
There is no guarantee that all creator applications will be approved. Users must provide and maintain truthful, accurate, and up-to-date information according to the registration form.
Users are solely responsible for the accuracy and legality of the content. Content violating the terms may be removed by ALTAVA. Respect for the intellectual property rights of others is essential.
Users can publish their 3D models as NFTs through this service. The issued NFTs can be traded by the user directly on third-party platforms.
Creators may not receive settlement payments for costumes owned by their wallets or may face service sanctions if they do not comply with ethical standards when issuing NFTs.
The Company provides services that allow members to create 3D content using generative AI technology. Some services are offered for free under the Free plan (with CC BY-NC 4.0 restrictions), while Starter and Pro services may be available only through paid subscriptions. In the event of an unexpected error that makes the content inaccessible during service use, the deducted credits will be automatically restored.
The Company reserves the right to update the service without prior notice to members, with the understanding that the assets provided by the Company are continuously evolving. In some cases, members may be required to use third-party software to access the Company’s assets.
Members are solely responsible for all images, videos, audio, text, and other materials created using the service. All legal responsibilities related to the ownership of such content rest with the member who created the content, subject to the ownership provisions for Free subscribers as outlined in the User Content section.
The Company is not obligated to pre-screen content submitted by members, and it may choose not to monitor all submitted content. However, the Company reserves the right to monitor, reject, or delete content at its discretion. If necessary, the Company may monitor member activity or investigate possible violations of the terms of service. In such cases, the Company may delete or modify content without prior notice or restrict the member’s use of the service.
The Company is not obligated to store content created by members. The Company will not be held liable for the deletion, failure to store or transmit content, or for any security issues related to the storage, privacy, or transmission of content through the service.
Members are solely responsible for all interactions with other members within the service. The Company has the right but not the obligation to intervene in disputes arising from such interactions. Members agree to release the Company from any liability arising from these interactions.
The service may include content provided by other registered members. The Company is not responsible for the accuracy or appropriateness of such content and does not monitor or control it. Members use such content at their own risk and bear full responsibility for any outcomes resulting from their interactions with content provided by other members.