Terms of Service

Alabast.ai ("we," "us," or "our") is a marketplace platform operated by [PLACEHOLDER: Company Name], registered at [PLACEHOLDER: Registered Address], Registration Number: [PLACEHOLDER: Registration Number], VAT Number: [PLACEHOLDER: VAT Number]. We connect users who wish to purchase fine-tuned Large Language Model (LLM) models with creators who develop and sell these models.

Platform Intermediary Status: We provide the platform and infrastructure for transactions but are not a party to the actual sale of models between users and creators. We act solely as an intermediary service provider in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065). We do not own, create, sell, or control the models listed on our platform.

Third-Party Content Disclaimer: All models, descriptions, and content on our platform are created and provided by third-party creators. We do not verify, endorse, or guarantee the accuracy, quality, legality, or fitness for any particular purpose of any model or content. We are not responsible for any claims, representations, or warranties made by creators regarding their models.

Model Quality Disclaimer: We make no representations or warranties regarding the performance, accuracy, reliability, or suitability of any model for your intended use. You acknowledge that models may contain errors, biases, or limitations, and you use them at your own risk.

Minimum Age: You must be at least 18 years old to use this Service. If you are between 16 and 18 years old, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Parental Consent: If you are a parent or guardian permitting a minor to use the Service, you are responsible for: (a) the minor's compliance with these Terms; (b) all activities that occur under the minor's account; and (c) ensuring the minor's use of the Service complies with all applicable laws.

Account Registration: To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your password and identification
• Accept all responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not create multiple accounts or share your account with others

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws, including but not limited to EU regulations and directives
• Upload, post, or transmit any content that is harmful, offensive, defamatory, discriminatory, or violates others' rights, including intellectual property rights
• Create, distribute, or use models for generating deepfakes, misinformation, disinformation, or content intended to deceive or harm others
• Use models in violation of the EU AI Act (Regulation (EU) 2024/1689) or any applicable AI governance regulations
• Create or use models that generate illegal content, including but not limited to child sexual abuse material, hate speech, or content inciting violence
• Use models to impersonate individuals or entities without authorization
• Attempt to gain unauthorized access to the Service, related systems, or other users' accounts
• Interfere with or disrupt the Service, servers connected to the Service, or networks used by the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission
• Use automated systems (bots, scrapers, etc.) to access the Service in a manner that sends more request messages than a human could reasonably produce
• Circumvent any security measures, access controls, or technical limitations of the Service
• Reverse engineer, decompile, or disassemble any part of the Service or models obtained through the Service

Content Moderation: We reserve the right to review, remove, or disable access to any content, models, or user accounts that violate these Terms or applicable laws. We may take such action without prior notice and at our sole discretion. Repeated violations may result in permanent account termination.

All purchases are processed through our secure payment system in compliance with EU Payment Services Directive (PSD2) and applicable payment regulations. By making a purchase, you agree to:

• Pay all fees associated with your purchases, including any applicable taxes (VAT, sales tax, etc.)
• Provide accurate, current, and complete payment information
• Authorize us and our payment service providers to charge your payment method for all purchases
• Understand that payment processing may involve third-party payment providers (Stripe, PayPal, etc.) subject to their terms
• Accept that currency conversion may apply for non-EUR transactions, and exchange rates are determined by payment providers
• Understand that additional fees may apply for certain payment methods or international transactions

Pricing: Prices are displayed in USD or EUR unless otherwise indicated. We reserve the right to change prices at any time, but price changes will not affect purchases already completed. All prices are exclusive of applicable taxes unless stated otherwise.

Refund Policy: Refunds are subject to the model creator's refund policy, which may vary. For digital content delivered immediately upon purchase, EU consumer withdrawal rights may be limited under Directive 2011/83/EU Article 16(m) if you have consented to immediate delivery and acknowledged loss of withdrawal right. If a model is defective or not as described, you may be entitled to a refund or replacement under applicable consumer protection laws. Contact the model creator first to resolve any issues. If unresolved, contact our support team.

Chargebacks and Disputes: If you initiate a chargeback or payment dispute, we may suspend your account pending resolution. Unjustified chargebacks may result in account termination. We encourage direct communication with creators and our support team to resolve issues before initiating chargebacks.

The Service and its original content, features, and functionality are owned by [PLACEHOLDER: Company Name] and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws, including EU Copyright Directive (Directive (EU) 2019/790) and applicable national laws.

User-Generated Content and Models: Models sold on the platform are the intellectual property of their respective creators. By listing a model on our platform, creators grant us a limited, non-exclusive license to host, display, and distribute the model through our Service. Creators retain all ownership rights to their models.

Model Licensing: Purchasing a model grants you a license to use that model according to the terms specified by the creator. You may not redistribute, resell, share, or sublicense purchased models without explicit written permission from the creator. Any use beyond the license terms may constitute copyright infringement.

Copyright Infringement Claims: We respect intellectual property rights and comply with EU Copyright Directive requirements. If you believe that content on our platform infringes your copyright or other intellectual property rights, please contact us with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location on our Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the rights holder

We will review valid infringement claims and may remove or disable access to allegedly infringing content. We may also terminate accounts of users who repeatedly infringe intellectual property rights.

Consumer Protection: If you are a consumer (an individual acting for purposes outside your trade, business, craft, or profession) resident in the EU, you benefit from mandatory consumer protection rights under EU law that cannot be waived by these Terms.

Right of Withdrawal: Under EU Directive 2011/83/EU, consumers generally have a 14-day right to withdraw from distance contracts. However, for digital content (such as downloadable models), the right of withdrawal is lost if:

• You have explicitly consented to immediate delivery
• You have acknowledged that you will lose your right of withdrawal upon delivery
• Performance has begun with your consent

If you are entitled to withdraw, you must inform us of your decision within 14 days of purchase. We will reimburse payments within 14 days of receiving your withdrawal notice.

Conformity of Digital Content: Under EU Directive 2019/770, digital content must conform to the contract. If a model does not conform, you may be entitled to repair, replacement, price reduction, or termination of the contract, depending on the nature of the non-conformity.

Consumer Dispute Resolution: EU consumers have the right to use the EU Online Dispute Resolution platform and may also contact their local consumer protection authority for assistance.

If you are a model creator selling on our platform, you agree to:

• Provide accurate, complete, and truthful descriptions of your models
• Ensure you have all necessary rights, licenses, and permissions to sell the models you list
• Comply with all applicable laws, including EU AI Act, copyright laws, and data protection regulations
• Honor any refund policies you establish and comply with EU consumer protection requirements
• Respond to customer inquiries and support requests in a timely and professional manner
• Not list models that infringe third-party intellectual property rights
• Not use the Service to engage in fraudulent, deceptive, or illegal activities
• Pay all applicable fees, commissions, and taxes related to your sales

Creator Liability: As a creator, you are solely responsible for your models, content, and compliance with all applicable laws. We are not liable for any claims, damages, or losses arising from your models or your use of the Service as a creator.

Service Availability: We do not warrant that the Service will be uninterrupted, secure, error-free, or available at all times. The Service may be subject to maintenance, updates, or technical issues beyond our control. We are not liable for any loss or damage resulting from Service unavailability or interruptions.

Third-Party Content and Models: We are not responsible for the quality, accuracy, completeness, legality, safety, or fitness for any particular purpose of models, content, or services provided by creators or third parties. You use all models and content at your own risk.

Liability Limitations: To the maximum extent permitted by applicable EU law, [PLACEHOLDER: Company Name] shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, revenue, data, use, goodwill, business opportunities, or other intangible losses, resulting from:

• Your use of or inability to use the Service
• Any models, content, or services obtained through the Service
• Unauthorized access to or alteration of your data or transmissions
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

Maximum Liability: Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or €100, whichever is greater. This limitation applies regardless of the legal theory on which the claim is based.

Exclusions: Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable EU law.

Force Majeure: We shall not be liable for any failure or delay in performance under these Terms resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, pandemics, government actions, internet failures, or failures of third-party service providers.

Disputes with Creators: If you have a dispute with a model creator regarding a purchase, we encourage you to contact the creator directly to resolve the matter. If you cannot resolve the dispute directly, you may contact our support team for assistance. We may, but are not obligated to, facilitate communication or mediate disputes.

EU Online Dispute Resolution: If you are a consumer resident in the EU, you may use the EU Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr to resolve disputes with us or creators.

Alternative Dispute Resolution: We are committed to resolving disputes amicably. Before initiating formal proceedings, you agree to contact us to attempt to resolve any dispute through good faith negotiations. If we cannot resolve a dispute within 60 days, you may pursue other remedies available under applicable law.

Governing Law and Jurisdiction: These Terms are governed by the laws of [PLACEHOLDER: EU Member State, e.g., "Ireland"] without regard to its conflict of law provisions. For consumers resident in the EU, you may bring proceedings in the courts of your country of residence or in the courts of [PLACEHOLDER: EU Member State]. For business users, you agree to submit to the exclusive jurisdiction of the courts of [PLACEHOLDER: EU Member State].

Class Action Waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Termination by Us: We may terminate or suspend your account and access to the Service at any time, with or without cause, and with or without notice. We may terminate immediately if you breach these Terms, engage in fraudulent or illegal activity, or violate applicable laws. For EU consumers, we will provide reasonable notice (at least 30 days) unless immediate termination is required for legal or security reasons.

Termination by You: You may terminate your account at any time by contacting us through our Contact Us page or using account deletion features if available.

Effect of Termination: Upon termination:

• Your right to access and use the Service will cease immediately
• You will lose access to your account, purchased models, and associated data
• We may delete or anonymize your account information, subject to legal retention requirements
• Any licenses to models you purchased will terminate, and you must cease using such models
• Provisions that by their nature should survive termination (including payment obligations, intellectual property, limitation of liability, and dispute resolution) will continue to apply

Refunds Upon Termination: Termination of your account does not entitle you to a refund for purchases made prior to termination, except as required by applicable consumer protection laws or as specified in the model creator's refund policy.

Data Retention After Termination: We may retain certain information about you and your transactions as required by law, for accounting purposes, or to resolve disputes. See our Privacy Policy for details on data retention.

Governing Law: These Terms are governed by and construed in accordance with the laws of [PLACEHOLDER: EU Member State, e.g., "Ireland"], without regard to its conflict of law provisions.

Jurisdiction: For consumers resident in the EU, you may bring proceedings in the courts of your country of residence or in the courts of [PLACEHOLDER: EU Member State]. For business users, you agree to submit to the exclusive jurisdiction of the courts of [PLACEHOLDER: EU Member State].

EU Consumer Protection: Nothing in these Terms affects your rights as a consumer under mandatory provisions of EU law, including but not limited to Directive 2011/83/EU (Consumer Rights Directive) and Regulation (EU) 2019/770 (Digital Content Directive).

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and [PLACEHOLDER: Company Name] regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to any successor in interest of our business.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

Notices: We may provide notices to you via email, through the Service, or by posting notices on our website. You agree that electronic delivery of notices satisfies any legal requirement that notices be in writing.

Language: These Terms are provided in English. If translated into other languages, the English version shall prevail in case of any discrepancies.

If you have any questions about these Terms, please contact us:

• Company: [PLACEHOLDER: Company Name]
• Registered Address: [PLACEHOLDER: Registered Address]
• Registration Number: [PLACEHOLDER: Registration Number]
• VAT Number: [PLACEHOLDER: VAT Number]
• Contact: Through our Contact Us page