Terms of Service

Our Disclosures:

Our complete terms are contained below, but some important points for you to know before you become a customer are set out below:

Once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes. However, we provide no warranties that you will be able to trade mark or claim copyright ownership of our Artwork or that any trade mark application or copyright claim will not infringe on any third party Intellectual Property Rights;
Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order;
We may need to change the Membership Fees from time to time. If we change the Membership Fees, we will provide you with 30 days' notice of the change. After 30 days, we will apply the new Membership Fees to your Membership. If you do not agree with the new Membership Fees, you may cancel your Membership in accordance with these terms;
Our liability under these terms is limited to the Price paid by you for the Artworks and/or service the subject of the relevant claim, and we will not be liable for consequential loss;
We will have no liability for loss of, or damage to, the Artworks, any injury or loss to any person, failure or delay in providing the Artworks or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;
We may amend these Terms, the features of the Site or your Membership at any time, by providing written notice to you;
You indemnify us from and against any liability that we may suffer arising from a claim that the content you submit to the Site infringes, misappropriates, or violates a third party's rights (clause 3(e)); and
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Australian Consumer Law.

Introduction

Welcome to NightCafe where you can create and purchase artworks generated by Artificial Intelligence (AI) systems (Artwork).
This website (Site) is operated by NightCafe Studio Pty Ltd (ABN: 76 654 351 701) (we, our or us). These terms of service (Terms) are between us and you, the person using the Site or the person registered with us as an Account holder.

Acceptance and Site Licence

You accept these Terms by clicking “I accept” when registering on the Site, placing an order via the Site or using the Site.
If you are less than 16 years old, you must use the Site with a parent or guardian. The parent or legal guardian must review and accept these Terms on behalf of the minor. We are not responsible for any use of the Site by minors in violation of these Terms or without appropriate parental consent and supervision.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

User Content, Prohibited Conduct and Community Standards

You may be permitted to post, upload, publish, submit or transmit relevant information and content (including creating Artworks) (User Content) on the Site.
You may also train a customised image-generation model on your own dataset (Model Fine Tuning).
When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
using the Site to submit material or create User Content that is Prohibited Content or infringes on the Community Standards outlined on our Site;
when using the 'Model Fine Tuning' feature, to submit material or create User Content from the state of Illinois, United States of America, or including a natural person residing in the state of Illinois;
interfering with any user of the Site;
tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
using the Site to send unsolicited electronic messages;
manipulating or misrepresenting community interaction metrics (such as 'votes') through unauthorised or improper means, including but not limited to alternate account creation or robots;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

Prohibited Content means material comments, interactions, images or User Content (whether or not the content is tagged with our NSFW Filter) which is considered to include the following:

content that is abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate as determined by us;
content that is homophobic, transphobic, racist or otherwise discriminatory;
content that promotes bullying, personal attacks, harassment or doxing;
content subject to copyright that is used without the express permission of the owner of the content
content that violates or encroaches on the rights of others, including but not limited to Intellectual Property Rights or privacy rights;
content that contains spam, viruses, worms, corrupt files, any corrupt code, Trojan horses or anything else that can cause a security breach and damage;
content that incites, baits or advocates illegal activity or argument or violates any law; or
content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or
content that harms or advocates harm against anyone, including gore.

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);
you will not use the Site to submit material or create User Content that is Prohibited Content; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (for the avoidance of doubt, this includes where using the Model Fine Tuning feature to submit User Content that includes a natural person residing in the state of Illinois, United States of America).

In addition to the warranties in clause 3(e), when using the Model Fine Tuning feature, you specifically warrant and represent that:

you have obtained all necessary consents, permissions, releases and authorisations from any person depicted in, or whose likeness, voice, or other personal attributes are included in, any materials used for Model Fine Tuning;
you have the legal right and authority to use all training data and materials uploaded for Model Fine Tuning purposes;
no person depicted in your training materials is under the age of 18 years; and
you will not use the Model Fine Tuning feature to create models based on copyrighted works, proprietary materials, or content belonging to third parties without express written permission.

To the maximum extent permitted by law, subject to your rights until Australian Consumer Law, you indemnify us from and against any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any breach of clause 3(e).
You may not impersonate another user, person or entity, or provide any false or misleading information about your identity or affiliations on the Site. This includes using an Account to pretend to be someone else or multiple people. Additionally, you are prohibited from creating more than one Account, or creating additional Accounts after your previous Account was suspended or terminated. We reserve the right to suspend or terminate any and all Accounts you have created in violation of these Terms.

Harassment and Threats Towards Us

Any harassment, abuse, threats, or coercive behaviour directed at our staff, moderators, or other personnel is strictly prohibited. This includes but is not limited to threats of violence, sexual harassment, stalking, posting private information, or attempting to intimidate or pressure staff members.
If you engage in such behaviour, we reserve the right to immediately suspend or terminate your Account and access to the Site at our sole discretion. In cases of severe harassment, threats, or if we have a reasonable belief you may be at risk of self-harm, we may also report the incident to the appropriate authorities to ensure the safety of our staff and yourself.

Moderators and Violations

We do not endorse or approve, and are not responsible for, any User Content. We have the right but not the obligation to appoint community moderators or automoderators (Moderators) from time to time to ensure that all User Content meets these Terms.
If you breach or we suspect you may be in breach of these Terms, we or our Moderators may, at any time (at our sole discretion):

delete any User Content;
suspend or terminate your Account (and any associated or linked Accounts), along with all User Content associated with that account;
suspend or permanently ban your access to the Site;
suspend, remove or block your access to any associated online communities operated by us, including but not limited to our Discord channel and Facebook group (Online Communities); and/or
disclose the prohibited User Content to appropriate government authorities.

We have the right, but not the obligation, to overturn any action or decision of a Moderator if we (at our sole discretion), believe that such action or decision is not in the interest of NightCafe. We are not responsible for decisions or actions taken by the Moderators. If you disagree with a Moderator's decision, you may contact us via email.
You, or our Moderators, may also tag any User Content using our Not Safe for Work filter (NSFW Filter). Any User Content tagged with our NSFW Filter will only be visible to users who have opted in to view User Content that has been tagged using the NSFW Filter. User Content that is tagged with the NSFW Filter may still be removed at our, or our Moderators', sole discretion.
Effect of Termination: If we (or our Moderators) suspend or terminate your Account due to a violation of these Terms:

you will not receive any refund for any Membership Fees paid;
you will lose access to your User Content, Artworks and any other information uploaded to the Site; and
you must not create a new Account or attempt to access any Online Communities, unless you receive our written permission.

If you encounter any User Content on the Site that you believe violates these Terms, including Prohibited Content, you may report it to us via email or the "Report" function provided. We will review any reported User Content and take appropriate action, including potentially removing such content, at our sole discretion and in accordance with these Terms.

Accounts

You may create or purchase Artworks from us without an account or you may choose to create an account with us (Account) which allows you to review your order history, save your Artworks, and access credits necessary to create Artworks (Credits). You may also register for an account using your Facebook or other social media network account (Social Media Account). If you sign in to your account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

NightCafe Services

We agree to provide you with access to the Site, the support services as detailed in this section, and any other services we agree to provide as set out in your Account, including but not limited to the creation of any Artwork and the purchase of an Artwork.
You may use our Site with or without an Account or Membership to create Artworks or browse and view the Site, however, the number of Artworks you create is limited to your number of Credits.
We agree to use our best endeavours to make the Site available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Site may be unavailable during the times we are performing such maintenance.
Should you be unable to access the Site, or should you have any other questions or issues impacting on your use and enjoyment of the Site, you must place a request via the 'Feedback / Support' page or by emailing [email protected]. We will endeavour to respond to any support requests in a reasonable period.
Our Site creates Artworks using AI systems. You acknowledge and agree that we do not control or have any input over the final Artwork that is created by you or delivered to you.
We reserve the right to amend, add or remove any AI methods or systems on the Site at our sole discretion.
You acknowledge and agree that the Site may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage and computing providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Site due to a failure of the Third Party Services.
You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Site, you agree to maintain a backup copy of any data you input into the Site.
To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Site to be unavailable.

Membership

If you choose to sign up for a Membership, once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Site (Membership Fees) by the date specified on the Site (Payment Date) to access certain features (such as additional Credits) on the Site and benefit from your Membership.
Unless your Membership is suspended or terminated in accordance with these Terms, or you opt to bring the Payment Date forward to access additional Credits, your Membership will roll over on an ongoing monthly basis, and the Membership Fee will be automatically debited on the Payment Date set out on the Site. Without limiting your rights under the Australian Consumer Law, you can cancel your Membership at any time in accordance with the “Cancellation of Memberships” clause of these Terms but the cancellation will only have effect from expiry of the monthly period for which you have paid the Membership Fees.
You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
Changes to your Membership: If you wish to suspend or change your Membership (for example, by upgrading to a different Membership tier), refer to the 'Change Your Account' section on the Site.
To the extent permitted by law, the Membership Fees are non-refundable once paid.
We may need to change what is available as part of your Membership (for example, removing certain inclusions, or features) from time to time. If we change what is available as part of your Membership, we will provide you with 14 days' notice of the change. After 14 days, we will apply the changes to your Membership. If the changes substantially and adversely affect your enjoyment of the Membership, you may cancel your Membership in accordance with the 'Cancellation of Memberships' clause.
We may need to change the Membership Fees from time to time. If we change the Membership Fees, we will provide you with 30 days' notice of the change. After 30 days, we will apply the updated Membership Fee to your Membership. If the updated Membership Fee is not acceptable to you, you may cancel your Membership in accordance with the 'Cancellation of Memberships' clause.
In the event that we determine you have violated these Terms, we reserve the right to terminate or suspend your Account. In most cases, we will provide you with a warning or temporary suspension before terminating your Account. During any warning or suspension period, you are solely responsible for downloading or retrieving any User Content, Artworks, data or other information associated with your Account that you wish to retain. We reserve the right to immediately terminate your Account if we have already provided you with a warning or temporary suspension or for continued violations of these Terms and we may permanently delete your Account and all associated data, User Content and Artworks. However, in cases of severe violations, including but not limited to illegal activities, posting of Prohibited Content, threats of violence, exploitation of minors, or repeated violations after previous warnings, we reserve the right to immediately terminate your Account without any prior warning or suspension period. You acknowledge that whether after a warning or suspension period for continued violations, or immediate termination for severe casess, we have no obligation to retain or provide you with any of your User Content, Artworks, data or Account information. We will not be liable for any loss of your User Content, Artworks or data that results from the termination of your Account in accordance with these Terms.

Orders

You may order physical Artworks or pay-as-you-go credit packs (Products)from us as set out on the Site. If you place an order for a Product on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of the Product to you in accordance with these Terms.
It is your responsibility to check the order details, which may include selected Artworks, delivery details and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the physical Artworks you order (for example for an event beyond our reasonable control or if the Artwork includes Prohibited Content) or if Artworks ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the physical Artworks will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the physical Artworks are available.
Our third party service providers may contact and assist you on our behalf in relation to your order process under this clause.

Price and payments

You must pay us the Membership Fee and/or the purchase price of each physical Artwork you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in US dollars and any applicable taxes may apply.
You must pay the Price upfront using one of the methods set out on the Site.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Paddle.com, Shopify or PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method is subject to additional terms and conditions as detailed below.
Despite anything to the contrary, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all of our orders. Paddle may handle some billing-related customer service enquiries and returns. Your relationship with Paddle is governed by the following Terms and Conditions https://paddle.com/legal/checkout-buyer-terms and Privacy Policy https://paddle.com/legal/privacy as amended from time to time.
We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
Depending on where you order the physical Artworks for delivery, you may need to pay custom charges or taxes in addition to the Price.
We may from time-to-time issue promotional discount codes for certain products on the Site.
To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

Delivery, title and risk

If possible, we will deliver the physical Artworks to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).
Delivery costs are set out on the Site and may be paid in addition to the Price.
We normally dispatch physical Artworks within a week of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
If you need to change the delivery day or delivery address, please notify us immediately in writing.
We deliver the physical Artworks using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the physical Artworks at your premises.
Title to the physical Artworks will remain with us until you have paid the Price in full for the Artworks. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the physical Artworks.
Risk in the physical Artworks will pass to you as soon as they are delivered to the delivery address you provided in your order.

Returns and Australian Consumer Law

We do not accept returns for change of mind or other circumstances.
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return physical Artworks to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the physical Artworks to us.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement physical Artwork or refund you the Price of the relevant Artwork. Please contact us for further information.

Limitations

You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
Despite anything to the contrary, to the maximum extent permitted by law:
1. our maximum aggregate liability arising from or in connection with the Terms (including the Artworks and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price (as applicable) paid by you to us for the Artworks or services the subject of the relevant claim; and
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
To the maximum extent permitted by law, we are not responsible for any personal mental, emotional, or psychological impacts experienced by you in connection with your use of the Site, including but not limited to distress or upset caused by your interactions, moderation actions, account suspensions or terminations, or any other events or circumstances related to the Site.

Intellectual property

Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site generated or created by us, but specifically excluding any Artwork generated by you using the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us.
Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by you (including in connection with the Terms, your use of the NightCafe Services and your Artwork) (Your Intellectual Property) will at all times vest, or remain vested, in you upon creation, and, to the extent necessary, we hereby assign to you such Intellectual Property Rights.
For the avoidance of doubt, once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes.
You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence, to use Your Intellectual Property for the purpose of performing our obligations or exercising our rights under this Agreement.
We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, to use Our Intellectual Property that we provide to you solely for your use and enjoyment of the Site, as contemplated by this Agreement.
To the extent that ownership of Intellectual Property Rights in any Artwork does not automatically vest in you, we grant you a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free and transferable right and licence to use the Artwork for the purposes reasonably contemplated by these Terms and for you to derive the benefits from the NightCafe Services.
You acknowledge and agree that in using your Artwork for commercial purposes, any of the User Content that you have provided does not violate any copyright, trademark or other proprietary right of a third party and you indemnify us for any loss or damage which arises due to any potential infringement of third party Intellectual Property Rights.
You may choose to you publish your products from the Fine-Tuning Model (Model). You acknowledge and agree that Intellectual Property Rights in any images generated by other users using your Model will vest in that user and will not be Your Intellectual Property. You must not, without our prior written consent:

copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Site or the Artworks, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

Due to the evolving and developing nature of the law around AI created works, we provide no warranties and do not guarantee or represent:

that you will be able to claim copyright ownership of your Artwork in any jurisdiction, either our jurisdiction of Australia or the jurisdiction in which you reside, noting each jurisdiction will have different laws and regulations; or
that your Artwork will not infringe on any third party Intellectual Property Rights.

Content you upload

We encourage you to interact with the Site and with us on social media or on our Site! We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use , view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.

General

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Non Fungible Tokens (NFTs): In using your Artwork, including but not limited to the sale of your Artwork and the development of any NFT, you acknowledge and agree that:

the law and regulations surrounding AI created artwork is still evolving; and
we cannot guarantee that you will own the copyright to your Artwork even though we transfer ownership to you.

Definitions

Intellectual Property Rights means any intellectual, proprietary or other property rights in any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, for the duration of the rights in any part of the world, whether registrable or not.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

NightCafe Studio Pty Ltd (ABN: 76 654 351 701)

Email: [email protected]

Last update: 26 November 2025

Terms of Service

Our Disclosures:

🤖 NightCafe

🚀 Fonctionnalités

🔒 Paiements sécurisés