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Terms and Conditions

Effective Date: August 5, 2024

1. Acceptance of Terms

By using the Napkin.ai app ("App"), you agree to be bound by these Terms and Conditions ("Terms"), including any future updates or modifications. If you do not agree to these Terms, please do not use the App.

2. User Content and Usage

Ownership: You retain ownership of any content you create, upload, or otherwise make available in the App ("User Content"). Napkin.ai does not claim ownership of your User Content.

Responsibility: You are solely responsible for your User Content and the consequences of sharing or publishing it. Napkin.ai does not endorse any User Content or any opinion, recommendation, or advice expressed therein.

Rights You Grant to Napkin.ai: By creating, uploading, or sharing User Content on the App, you grant Napkin.ai a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works (such as modifications or adaptations), communicate, publish, publicly perform, publicly display, and distribute such Content solely as necessary to provide and improve the App and its core functionalities. This license does not extend to using your content for marketing or promotional purposes. This license continues even if you stop using our services.

Content Usage: You may use the generated visual content for resale or marketing purposes. However, you are prohibited from reselling individual icons, illustrations, or collections resulting from searches.

Permitted Use: The App allows content creation similar to what is legally permitted in standard text and visual editors (e.g., Google Docs or Figma).

3. Account Access and Features

Login Requirement: You must be logged in to create content. Currently, only Google login is supported.

Multi-User Feature: Similar to Google Docs, the App includes a real-time collaboration feature that allows users (with overlapping access rights) to see which other users are viewing the same napkin simultaneously.

4. Data Collection for AI Improvement

Data Collection for AI Improvement: As part of our beta program, data submitted to our visual AI (including selected text and surrounding headers used as context) may be collected and used to improve our model.

Protection of Your Personal Content: While we collect your input text and surrounding headers to improve our AI model, the data submitted is anonymized and your personal content will remain private. The AI transforms your text into visual descriptions without storing or using it for other users' content generation. Your unique ideas and information will never appear in others' visuals. The AI's knowledge comes from its underlying OpenAI and/or Google models, not from user inputs.

Original AI-Generated Visual Content: All visual content created by Napkin.ai is original and based on designs crafted internally by our designers. We do not use or incorporate images scraped from the internet. This ensures that the visuals you receive are unique creations based on your input, free from copyright concerns related to existing internet content.

By using Napkin.ai, you acknowledge and agree to these data collection and AI content generation practices.

5. Eligibility and Usage Limits

Eligibility: To use the App, you must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.

Usage Limits: Napkin.ai may establish limits on the use of the App without prior notice, including the maximum number of days that User Content will be retained, the maximum amount and size of User Content that can be stored, and the maximum storage space allotted to each user.

6. Prohibited Activities

By using the App, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe the intellectual property rights of others
  • Upload or distribute viruses, malware, or other harmful software
  • Use the App to commit fraud or participate in any unlawful activities
  • Upload content that is defamatory, obscene, or otherwise offensive

7. Intellectual Property

The App, including but not limited to its software, text, graphics, and functionalities, is owned by Napkin.ai and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

9. Termination of Use

Napkin.ai reserves the right to suspend or terminate your access to the App at any time, with or without cause or notice. Upon termination, any rights granted to you under these Terms will cease, and you must cease all use of the App.

10. Disclaimer of Warranties

Napkin.ai provides the App on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the App or the information, content, or materials included therein.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Napkin.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use or inability to use the App.

12. Indemnification

You agree to indemnify, defend, and hold harmless Napkin.ai, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.

13. Modifications to Terms and App

Napkin.ai reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or through the App. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

Napkin.ai may update or change the App's features at any time without prior notice.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in California for the resolution of any disputes arising out of or relating to these Terms or the App.

15. Contact Information

For any questions about these Terms, please contact us at:

Email: [email protected]

By using the Napkin.ai app, you agree to these Terms and Conditions.