Terms of Service

Last updated June 25th, 2023.

For the purposes of this document, “we” refers to Chub (AKA CharHub).

We operate the website https://chub.ai (the “Site”), as well as any other related products and services that refer to or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We have the right to change or otherwise update these Terms at anytime and without notice. All changes made to these terms are retroactive and apply to any and all users, content and communications, overriding any previously agreed upon terms.

Consent

Using the site to do anything other than access the links to this "Terms of Service" page or accessing any page of the website other than the homepage and this "Terms of Service" page constitutes your consent to these terms of use. If you do not consent, do not use the website.

Your use of the website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms.

Image Content Policy

There are no restrictions on the content of character definition files. However, this site cannot host illegal content.

Images depicting sexual content of children will be removed without notice.

Refer to these legal definitions for what constitutes child pornography, which does include drawn and generated depictions.

As a rule of thumb, if you were to show the image to a middle-aged police officer and ask them to describe it, would "child porn" or a synonym be one of the first phrases out of their mouth? If yes, do not post it.

Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordinglv. those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. if and to the extent local laws are applicable.

By uploading a file or other content or by making a review, you represent and warrant to us that you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant CharHub a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to CharHub pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content CharHub has already copied and sublicensed or designated for sublicense.

Content: Public Characters

You are solely responsible for the Content you post, publish, display or otherwise make available on the Website, and for any other action or omission that results from your use of the Services (including the Website’s Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.

You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on the Website, or otherwise have the right to do so. Your Content must not be unlawful, and must not violate any of these Terms or applicable laws and regulations. A site representative may remove your Content at any time, at their sole discretion, if they have a concern about your Content.

You own the Content you create and/or submit. We will not sell your Content, nor will we use it in any other way as permitted under these Terms. However, by posting your Content or otherwise making it available on our Website, you must be aware that:

  • (1) You hereby grant us a worldwide, royalty-free and non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy; and,
  • (2) Your Content will be viewed by others, and therefore you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services and functionalities.
  • (3) When Content contains notice of a reasonable and customary license, (such as an open source license) such Content is intended to remain under the terms of such license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license.

Any Content you download, access or use from us or another User, is at your own risk and subject to these Terms and/or the terms accompanying such Content.

Content: Public Chats

You are solely responsible for the Content you post, publish, display or otherwise make available on the Website, and for any other action or omission that results from your use of the Services (including the Website’s Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.

You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on the Website, or otherwise have the right to do so. Your Content must not be unlawful, and must not violate any of these Terms or applicable laws and regulations. A site representative may remove your Content at any time, at their sole discretion, if they have a concern about your Content.

You own the Content you create and/or submit. We will not sell your Content, nor will we use it in any other way as permitted under these Terms.

Any Content you download, access or use from us or another User, is at your own risk and subject to these Terms and/or the terms accompanying such Content.

Content: Private Characters and Chats

Your Private Content will only be accessed programmatically to provide the Services to your account. Your Private Content may not be plainly viewed by any agent or principle of Chub without express written permission from yourself. In order to perform the Services, we may need to access, transform, and transmit your Private Content between Chub and yourself.

Your Private Content will not be used for any other purpose, i.e. your Private Characters and Chats will not ever be distributed to a third party, unencrypted, used for training an AI model, or any other purpose beyond providing the Services. You retain any and all intellectual property rights to your Private Content and do not grant any to Chub whatsoever.

Content: API Inference

If you use the API outside of the Venus UI, none of the content of the inputs or the outputs of queries made to the inference endpoints at mars.chub.ai, mercury.chub.ai, or jupiter.chub.ai are at any point logged or stored.

Here is the metadata that is at any point stored or logged from these queries: a unique identifier, your user id, the time of inference, the input length, the output length, the model used, an approximate charge were it to be metered based on token usage, the number of milliseconds taken.

No other data is stored and cannot be provided to yourself or a third party should you misplace it.

Commercial Use

By downloading a file or image or copying other user-generated content (UGC) from CharHub, you agree that you do not claim any rights to it.

You may use UGC for personal, non-commercial purposes. You may use UGC for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("Chub" or "courtesy of Chub") next to where it is displayed.

Your use of UGC is at your own risk. CharHub MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold CharHub harmless from any copyright infringement claims arising out of your use of the UGC.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to lore@chub.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

Payments and Refunds

By using the Subscription-Based Services (Mars, Mercury, et cetera), you agree to pay the Company for the Services provided within this agreement.

Chub does not offer refunds unless explicitly granted by the Company. If you have a Subscription-Based Service then your access to the Services will be active until the expiration of the subscription. If you decide to cancel your subscription then you will not be charged for your next month’s subscription and your access to the Subscription-Based Services will be revoked at the end of the active period.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. ANY HYPERLINKED WEBSITE. OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE. LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $50.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify vou of any such claim. action. or proceeding which is subiect to this indemnification upon becoming aware of it.