Prompt de Resistance Terms of Service

Last updated 5 April 2024

Please read these terms of service (“Terms”) carefully before logging into or using the Prompt de Resistance (PdR) Services available at https://soloist.ai/promptderesistance and https://huggingface.co/pdr-moz (“the Services”). The Services are owned, licensed, and operated by Mozilla Corporation (referred to herein as "we," "us," "our," or "Mozilla"). The Terms constitute a binding legal agreement, which govern your use of the Services via any platform or device. By accessing, signing up for, or using the Services, you agree to be bound by these Terms.

1. The Services

The Services includes a game that enables players to submit prompts and share visual outputs of those prompts using artificial intelligence (AI) based foundation models (Third Party Models). For the purposes of these Terms, prompts, instructions, descriptions, and responses will all be referred to as the “Content.” We use DALL·E 3 to generate images based on the prompts submitted through the Services the Content and your personal information are not used to train the model. The Services are provided solely for use according to these Terms.

A. Accessing the Services
In order to use the Services, the user acting as the model operator will need to create a Hugging Face account on the Hugging Face sign-up page and your Hugging Face account is subject to Hugging Face’s own Terms of Service and Privacy Policy. More information about information we receive from Google and how we use that information is contained in our Privacy Notice. You will also need a PdR provided password to access the Services.

If you are the model operator, you understand and agree that: 1) you will only invite users as players that you know to interact with the Services; and 2) that you are responsible for the players use and interaction with the Services. In order to play PdR, the model operators and players will need to use a third party communications system, such as Zoom, in order to play the game with others. We do not own, operate, or control these systems and your use of any third-party communication system is subject to that system’s terms of service, privacy policy, and other policies.

B. Using the Services
You must be 18 years of age to use the Services. You give Mozilla all rights necessary to operate the Services, including processing the data and content you submit through the Services.

You will comply with Mozilla’s Acceptable Use Policy as well as the other policies referenced in this Agreement. You agree that you will not use the Services to violate any laws in the jurisdiction where you are based, or to infringe the rights of one or more third parties. You are prohibited from using the Services if you are barred under any Office of Foreign Assets Control Specially Designated Nationals List or face any other similar prohibition in any other applicable jurisdiction.

You will use the Services only for the purpose of playing PdR in accordance with these Terms. If you appear to be using the Services for something other than its intended purpose, including merely to access the underlying foundation models, your use may be terminated. You may not use the Services, or any of the underlying Third Party Models, to support the creation of your own Third Party Models.

When you play PdR, the model operator will provide players’ prompts to the Third Party Model operator. Third Party Models outputs are affected by a number of factors such as inputs, training data, programming, and others, and may be incomplete, incorrect, or offensive, or refer to specific products, companies, or individuals. They do not represent Mozilla’s views, or indicate an endorsement of any kind.

C. Term; Termination

These Terms will continue to apply until ended by either you or Mozilla. You can choose to end them at any time for any reason by deleting the Services, discontinuing your use of the Services, and if applicable, unsubscribing from our emails.

We may suspend or terminate your access to the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and the Acceptable Use Policy, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you in the app or the next time you attempt to access the Services.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.

2. Communications

By using the Services, we may reach out to you regarding your use of the Services, your content, or other feedback you submit to us.

3. Privacy Notice

We use the information we receive through the Services as described in our Privacy Notice.

4. Content

By using the Services, you represent that you will only share material that you own and/or have the legal right to share and sublicense to others.

A. Content that you Share
When you submit content to the Services, you continue to own the rights to that content. You grant Mozilla a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, copy, modify, adapt, sub-license, prepare derivative works from, distribute, perform, and display that information for the purpose of operating the Service. That license will persist even if your account is terminated.

Content shared through the Services is subject to the Acceptable Use Policy. We may remove content that violates those policies, and in the case of certain violations, may suspend your use of the Services. When we do this, we will send you a notice indicating the policy violation you committed and the action that we have taken, and will provide you the opportunity to appeal.

Any ideas, suggestions, or feedback that you provide about the Services may be used by Mozilla for free, without any additional obligations.

B. Use of Content on the Services

Content shared on the Services is intended for use on foundation models and similar AI-based platforms. There are currently no foundation models or similar AI-based platforms operated by or affiliated with Mozilla. Your use of the Content on such platforms is governed by those platforms’ terms of service.

Mozilla makes no representations about the quality or usefulness of the Content. You are responsible for any prompts that you share or create on the Services. You are also responsible for your own use of the Content, and for any consequences of misuse. Your right to use the Content may not apply to information or material that is added to or that results from an AI-based query.

5. Mozilla's Intellectual Property

Mozilla does not grant you any intellectual property rights in the Services or other Mozilla products and services unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of Mozilla’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

6. Services Interruption

PdR is an experimental product. We plan to continue to develop and change it over time. In some cases, we might have to temporarily suspend or limit service without providing notice. You will not be entitled to claim expenses or damages for such suspension or limitation.

7. Indemnification

You agree to defend, indemnify and hold harmless Mozilla, and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of the Services. This includes, but is not limited to, claims and expenses arising from any of the Content shared by you.

8. Disclaimer & Limitation of Liability

Mozilla offers the Services “as is.” Neither Mozilla nor its Indemnified Parties represent or warrant that the Services or the platform are suitable for any particular purpose, or that they are free of defects or problems. To the extent permitted by law, Mozilla and the Indemnified Parties Disclaim all warranties, express or implied. Any tool or service that you select for a particular purpose is selected at your own risk, including the risk that your content could be deleted or corrupted, or that the Services might fail to meet your specific needs or to perform at the level you desire. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.

Except as required by law, Mozilla will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to these Terms or from your use of or loss of access to the Services. Risks may include loss of goodwill, work stoppage, lost profits, loss of data, computer failure or malfunction, and other damages, for which Mozilla will not be responsible (even if advised of the possibility of such damages), under any legal theory (tort, contract or otherwise). The collective liability of Mozilla and the Indemnified Parties under this agreement will not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.

9. Modification of These Terms

Mozilla may update these Terms from time to time, and will post the updated Terms online. Where changes are substantive, we will notify you via email, in public announcements, or through the Services itself. To better enable you to track changes, we will post an effective date at the top of this page.

10. Choice of Law & Jurisdiction

These Terms will be interpreted and enforced in accordance with California state law, excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.

11. Contact Us

Our copyright or trademark claims reporting page explains how to report infringement on the Services.

For other concerns, you may email us at legal-notices@mozilla.com or write to us at the following address:

Mozilla Corporation
Attn: Mozilla – Legal Notices
149 New Montgomery Street
5th Floor
San Francisco, CA 94105