These Terms and Conditions set out the terms of use of AMNESIA CUBE's services.
Before accepting these Terms and Conditions, it is necessary to read them completely to understand the benefits, rights, limitations and prohibitions of use of our tool.
By creating a user account and selecting "Accept Terms and Conditions" or a similar option, the user will be accepting and will be subject to the conditions established herein.
“AMNESIA CUBE” or “Us” refers to Amnesia Creativa, S.A.P.I. de C.V. or any of its affiliates, subsidiaries and/or parent companies that offer and are responsible for the AMNESIA CUBE platform.
“Content” refers to all information, data, generated results, images, videos, audio or other digital files, tasks and activities that the user uploads, stores, processes, performs or obtains in AMNESIA CUBE.
"User" or "You" shall be understood as the person who accesses and/or uses our services and who agrees to these Terms and Conditions.
"User Credentials" means the username(s), password(s), security keys, tokens or personal identification numbers (PINs) or other security methods or technologies employed for the verification of a user's identity and authorization to access the Services. It also refers to user credentials managed by a third party with which our Services are linked for log in purposes.
"Personal Information" shall be the information considered personal data in accordance with the regulations on the protection of data privacy.
“Cloud” or “Cloud Services” shall mean the model of storing data on remote systems that we employ to store user’s data and Content and enable its accessibility from the user’s device.
“Services” shall mean the services we offer, from time to time, through our platform or website Amnesia Cube. Including the services for creating or editing Content, data storage, Support Services, web and mobile apps, interfaces or any other service offered by Us.
“Third party Services” refers to any software, website, system or, in general, to products or services operated and/or controlled by third parties technologically linked to our Services. Including third party log in software, payment intermediary services, and more.
“Subscription” means any of the subscription plans Amnesia Cube offers to allow Users to access and use the Services for a specified period.
By this agreement, and subject to compliance with these terms, Amnesia Creativa, S.A.P.I. de C.V. grants the user a limited, non-exclusive, revocable, non-transferable, non-sublicensable authorization to access and use the Services.
This grant of use will be in effect from the creation of a user account and the acceptance of these terms up to the cancellation of the User’s account.
This authorization will be limited to the characteristics and features of each subscription as described in the “Pricing” section. User acknowledge that Amnesia Cube is free to and may change, limit, add or delete any characteristics and features from any subscription plan or create new plans from time to time.
Minimum Age Requirement: User must be at least eighteen (18) years of age to access, use, or register for our Services. By accessing or using our Services, the user represents and warrants that it is at least 18 years of age or older at the time of creation of an account and have the legal capacity to agree to these Terms and Conditions.
People under the minimum age requirement set above are strictly restricted from accessing or using our services. We reserve the right to suspend or terminate access to our services if we discover or reasonably believe that a user does not meet the minimum age requirement.
To create a user account, you must access our website and register through the “Create an account” function, add the necessary information such as email and password or select a log in option using your credentials managed by a third party (such as Google). Once confirmed by any means established by Us, your account will be ready to operate.
To be able to use the system and its functions the User must purchase a subscription plan.
Once your account has been created, you will be deemed to have accepted these terms and conditions.
Once the account is active, may at any time modify or change the information of their account.
The information contained in the account and the validity of the information will be the User’s sole responsibility.
The User must maintain strict confidentiality of its credentials and must avoid sharing them with third parties not affiliated with their organization. Any use of the account made by a third party will be understood as made by the User and subject to compliance with these terms.
Amnesia Cube reserves the right to suspend or terminate an account if it detects unusual access that may not correspond to the User or their registered address, as well as may request the verification of the user account again and at any time.
User credentials will be stored using cryptography methods of the highest standards in the market.
We are not obligated to allow access to and use of the Services from any devices located outside the country of location of the address indicated in the user account registration or in its updates.
Our Services are offered through subscription plans (Basic, Pro and Plus) each one offering a determined number of tokens and different features. For more details visit our “Pricing” Section or contact our Support Team.
The User may choose any of the plans available at the time of contracting, subject to the prices, characteristics, limitations and benefits detailed in these terms and on our website.
Subscription plans are offered on a monthly or annual basis, beginning on the day the user’s payment is processed. If after automated process payment is rejected by the financial institution or our intermediaries, the subscription plan may be suspended or deactivated until we can confirm payment. The User will receive an email, or a notice will appear in its account, if there is a problem processing payment of our services.
The terms will be calculated as follows:
Monthly subscriptions: Valid for one month that will conclude on the same day number of the calendar month following the date of contracting or renewal. In the event that the following month does not have the same day number, it will end on the last day of the following month.
Annual subscription: Valid for twelve months that will end on the same day and month number of the following year. In the event that the contracting day does not exist the following year, it will be understood that it ends on the last day of the corresponding month.
Amnesia Cube may freely decide to offer Users, from time to time, a free trial period or a promotional or discount code for any of our subscription plans. Any of these benefits may be for a limited time and/or with limited functionalities or services as unilaterally defined by Amnesia Cube.
Once the trial period has ended or the promotional or discount code used for the number of subscriptions or renewals given, the user must purchase a subscription plan to continue accessing and using our Services. Access to and use of our Services after expiration the trial period or the use of the promotional or discount code may be suspended if the user does not purchase a subscription plan, Amnesia Cube may even delete all User’s Content.
Monthly tokens included in the subscription plans reset every month and are not cumulative; purchased tokens (apart from those included in the subscription) do not expire and may accumulate with the User’s monthly tokens, unless otherwise stated in the plan features.
Amnesia Cube may update, limit or modify the features, prices, benefits, scope or functionalities of the subscription plans unilaterally.
Prior notice of any update to these terms and conditions or upon the features of the subscriptions will be send to the User before entering into effect. For most relevant changes, a new acceptance to the Terms of Service will be required to continue using our Services.
The subscription includes access to and use of the functionalities, modules and features of the Services with the scopes defined in the different types of subscription, the operating manuals of our platform or any other documentation published by us related to the operation or functionality of the platform.
The subscription also includes the remote storage and portability of your Content, allowing access to and use of the service and linking to the database on different devices.
The subscription does not authorize the User to:
Content owned by the User is all data uploaded, stored, processed or generated through our Services, except as provided in the Intellectual Property section. User content includes images, videos, graphic designs, music and other sound recordings, and prompts.
Amnesia Cube will not use your data for training, retraining or fine-tuning of our proprietary artificial intelligence models or third-party base models. However, your data will be stored for an undetermined period to allow the User to access a history log of its conversations with our system or to access past prompts and other stored data.
Amnesia Cube will not be responsible for the accuracy or legality of the content generated by you, nor for damages of any nature arising from the use of our Services, the inability to use them, or those that are generated by the loss or theft of your access password. Amnesia Cube reserves the right to remove User Content if we consider or detect that it violates any legal provision particularly when it may constitute a criminal activity.
It is implied that the user grants Us a permission, valid for the entire duration of the use of the Services, to store, process and use all of the Content insofar as it is necessary or useful for the provision of the Services. Content containing personal data will be treated in accordance with our privacy policies.
Prohibited Content. You must not use the Services in connection with illegal activities including, but not limited to: Creating, editing, reproducing, sharing or distributing Content that may be restricted by law such as child pornography, deepfakes (when used for committing frauds, false light, defamation, scams, etc.), copyright infringement, and more. For additional details see the “Subscription limits” section.
Amnesia Cube will implement and use information security systems that comply with ISO 20000, ISO 22301 or ISO/IEC 27001:2013 standards, at its sole discretion, and will include the following security technologies: an SSL in all parts of its website, cloud storage providers that demonstrate compliance with the aforementioned standards, data encryption and restriction of access to third parties to our servers and media.
CONFIDENCIALITY: Amnesia Cube agrees to take all reasonable efforts to maintain, preserve, and protect the confidentiality of all the User’s Confidential Information, including but not limited to login credentials, usernames, personal data, prompts, conversations and any other Content, and information generated or stored by the User in our Services or databases. Amnesia Cube will not disclose any Confidential Information to anyone unless requested by an authority or court of law.
The user agrees that Amnesia Cube may access and use any or all Confidential Information for any purposes specifically related to the provision of the Services.
BREACHES. The Services are not guaranteed to be free of errors, failures, or risks of breach. In the event of a security breach that relates to or affects the User's data, we will inform the User of such incident. The User understands that any cloud storage system is not entirely free from risks and that the upload, storage, and process of confidential or sensitive information or materials is at the User’s own risk.
CLOUD STORAGE. User acknowledges and agrees that, in providing the Services, we will store, host, and process the User’s Content and data using third-party cloud storage providers. By using the Services and submitting content or data for storage or processing, you authorize Us to engage such providers as necessary to operate, maintain, and deliver the Services, subject to applicable data protection laws and our Privacy Policy.
Amnesia Cube warrants that the Services works in the manner described in our website, demos, advertising and/or Manuals or Informational sheets.
Amnesia Cube will not warrant that the systems are free from errors, bugs or functionality failures nor that your use of our Services is permanently available, as it may be programmed or unexpected interruptions or affections.
Amnesia Cube does not warrant that the Services will meet the User’s expectations, apply exactly to your activities, or that their functions, modules, graphical appearance or use will be appropriate for specific tasks or situations or that they will be suitable or suitable for producing specific results or reports.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Amnesia Cube will not be liable for the accuracy, copyright compliance, legality, or decency of material uploaded, prompted, processed, obtained or outputted through the Services, and will not be responsible for any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of the Content uploaded, prompted, processed, obtained or outputted by Our Services.
To find out the price and payment method for our services, visit our Pricing section. Our prices are shown and will be charged in U.S. Dollars and may be converted to your local currency by our payment intermediary or your financial institution.
Payments for subscriptions, token packages and other Services shall be made through our website, by online payment using a credit or debit card.
Payments will be made through the electronic services of third parties (such as Stripe). To find out about the privacy and confidentiality policy of your data managed through the third party's service, we recommend that you visit the provider's site. The banking information required to make the payment will not be stored by Us, it will be stored, encrypted and safeguarded by the payment service provider in accordance with the terms and conditions of use of the third party's services. In order to make the payment for our Services, you must accept and be subject to the policies of the payment service provider.
If an initially accepted payment has subsequently been rejected, cancelled or returned by the banking institution or the payment intermediary, or it has not been possible to validate it or confirm it with the payment intermediaries or institutions, we are allowed to suspend or deactivate your subscriptions and/or withdraw the assigned tokens until a new payment is confirmed or validated.
The User authorizes Us to automatically charge the subscription fee at the time of renewal of the monthly or annual subscription plans on the dates stated in the billing cycle, unless the User expressly refuses to authorize the automated payment. This automatic renewal may also be applicable to token packages only if the User sets up and enables the token auto-refill feature in our system.
The subscription will be automatically renewed on each expiration date by charging the bank account or card provided by the User. In all other cases or when the user decides not to automatically renew the subscription, the user must make the timely payment of the renewal to continue using the service.
The periodicity, renewal date and amount to be collected will be visible on the User’s billing portal.
Prior to the automatic payment, Amnesia Cube will notify the Client at least five calendar days in advance of the future charge and will allow the User to cancel the automatic payment without penalty.
In the event that the payment of the subscription renewal cannot be confirmed, the subscription may be suspended or deactivated.
If the User chooses the automatic renewal option and the charge cannot be processed for any reason attributable to the User, we may retry payment up to 4 times to the same payment method or to a different one if the User provides it. In case none of the attempts results in a confirmed payment up to 14 days after the renewal date, the monthly tokens will not be assigned to the User’s account.
The Billing section of your account will show the current and past billings and invoices issued to your account for each subscription or token purchase. Each bill will be issued with the information contained in your account (name and address).
In case the User requires an additional bill or an invoice in compliance with the Mexican Tax Code please email us at support@amnesiacube.ai.
The user may cancel its account, subscriptions or token packages immediately, at any time and without any reason through the Billing portal.
Cancellation does not imply the obligation of Amnesia Cube to refund or stop charging the fees associated with the type of subscription already purchased.
The cancellation of the subscription will have effects at the next renewal date, that is, by the end of the month (for monthly subscriptions) or year (for annual subscriptions) in course. Cancellation of token packages will take effect once the User finishes all tokens available. In the meantime, the User will have full access and usage of any subscription or token packages in course.
All payments made for subscriptions, tokens or other Services are final and non-refundable, except where otherwise required by applicable law. We do not provide refunds or credits for partial subscription periods, unused services, account cancellations, or account suspensions or terminations resulting from violations of these Terms and Conditions. By purchasing or subscribing to our Services, you acknowledge and agree to this policy.
For technical support please email us to: support@amnesiacube.ai
Amnesia Cube is the sole owner of all intellectual property rights upon the Services including its software (in any type of code), databases (but not the data owned by the user), parameters, manuals, instructions, graphic designs, web, mobile or desktop applications, trademarks, copyrights, patents and, in general, any software, artificial intelligence or material related to the Services.
Except as provided in other sections, these terms do not constitute and may not be construed as constituting an assignment, license, transfer of rights or any other modality by which the user is granted rights upon the artistic works, inventions and/or trademarks or any other proprietary rights of Amnesia Cube that are part of the Services.
The User has full ownership of its Content and through these Terms of Service grants Amnesia Cube, its subsidiaries or affiliates, a non-exclusive, royalty-free, worldwide license to store and process any Content protected by intellectual property rights. This license allows Amnesia Cube to access, store, and use your data only for providing our Services to you.
PROTECTION DISCLAIMER: As provided by several laws around the world, some of the artistic works created by or with the assistance of any artificial intelligence system may not be subject to copyright protection. Some laws have a higher human involvement threshold than others. Therefore, Amnesia Cube does not warrant that the Content produced or outputted by our system is or may be protected under copyright laws.
THIRD PARTY RIGHTS: The User is solely responsible for ensuring that the use, upload, storage, processing, reproduction, modification, or distribution of any third-party artistic works or other copyrighted materials through Our Services is authorized and complies with applicable intellectual property laws. The User represents and warrants that it has obtained all necessary licenses, permissions, and rights for such use. To the fullest extent permitted by law, the User agree to indemnify, defend, and hold harmless Amnesia Cube from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the User’s unauthorized use of third-party copyrighted materials or any infringement of intellectual property rights.
Is very important for Us to safeguard your personal data and other information you share with Us through our platform.
To know how we collect, process, use, store, and share your personal data please go to our Privacy Policy.
The User is responsible for the personal data of others when used in our systems and Amnesia Cube is only a data processor acting on the user’s behalf. Therefore, the User must obtain prior authorization from others to use, process, store and share third parties’ data, including photographs, videos, and audio.
The user is solely responsible for the collection, storage, processing and use of third parties’ personal data handled through Our Services and to comply with all applicable data protection and privacy laws. To the fullest extent permitted by law, Amnesia Cube shall not be liable for any claims, damages, penalties, or losses arising from the User’s unlawful or unauthorized processing of such personal data, or from the User’s failure to obtain any required consent, authorization, or legal basis for such processing.
ACCEPTANCE. Acceptance is established when the user clicks on the “accept” buttons, or by checking the “accept” boxes or options on our website prior to creating an account or when an updated version or these terms requires acceptance by the user.
Nevertheless, access and use of our Services may also be considered an implied acceptance of these terms. If you do not agree to the terms and conditions herein, please do not access nor use our Services nor create an account.
SEVERABILITY. If any part of this contract is deemed void or invalid by a court of law, the remaining parts of this contract shall survive and remain unchanged and in force.
DURATION. The duration of this agreement will be indefinite for as long as the User keeps his account and/or subscriptions active. The term will terminate when the User voluntarily cancels its subscriptions or account or when an account is cancelled by Us as a consequence of the violation of any of the provisions of these Terms of Use. However, the User will continue to be bound by these terms for as long as it continues accessing or using our Services.
AMENDMENTS TO TERMS AND PRIVACY POLICY. Amnesia Cube reserves the right to modify the terms of use and privacy policies at any time. Any updates will be informed to the User through a notice shown on our website when the User logs in and/or by a notice send to the User’s registered email. Amendments changing the User’s rights, scope of service, prices, features or characteristics of subscription plans, privacy policy will require the User’s acceptance to be valid and enforceable. However, lack of acceptance of the amended terms will allow Us to refuse to provide our services, cancel your subscriptions or account.
ENTIRE AGREEMENT. These terms shall constitute the entire agreement between the User and Amnesia Cube and supersede any prior agreements, offers or communications between the parties. Acceptance of these terms or any updates thereto will supersede any prior agreements including prior terms and conditions.
COMMUNICATIONS AND POINT OF CONTACT. Any communication or notice between the parties will be effective if in writing or by telephone, regardless of whether it is in print, digital, through our Services, or through instant messaging.
Communication with the User will be valid when made through the Services portal or by email.
For communications with Amnesia Cube our contact means are the following:
Email: support@amnesiacube.ai
Address: Calle Paseo de la Primavera 11 - 14, Lomas de Vista Hermosa CDMX, Mexico Postal Code 05100.
JURISDICTION AND DISPUTE RESOLUTION. You agree that these terms will be governed by the laws in force in Mexico and, particularly, by those applicable and in force in Mexico City, including the Federal Copyright Law, Federal Law for the Protection of Industrial Property, Federal Law for the Protection of Personal Data in Possession of Private Parties, the Federal Law for Consumer Protection, and others applicable to the present relationship and the management of the contents in our systems. The parties submit to the jurisdiction of the courts, local or federal, with residence in Mexico City, waiving any jurisdiction that may correspond to them by virtue of any present or future domicile or location of the user and the corresponding federal administrative authorities including the Federal Consumer Protection Office.