ModelStation

ModelStation Intellectual Property and Copyright Policy

Operator: ELVARON LIMITED, Registration No. 79402144, 14/F, China Building, 29 Queen's Road Central, Central, Hong Kong. Contact for rights-infringement communications: support@modelstation.org (subject: “IP”)

Version: 2.0 Effective date: from the date of publication on the website.

1. Purpose

This Policy describes the allocation of rights in the platform, your materials, and generation outputs, as well as the procedure for considering communications regarding infringement of intellectual-property rights. The Policy forms part of the Terms of Use; §8 of the Terms prevails in the event of a discrepancy in wording.

2. Rights in the platform

2.1. The Service and all its elements — source and object code, architecture, interfaces, design, layout, graphics, icons, texts, documentation, the model-catalog database, internal prompts and service instructions, the name “ModelStation”, logos, and other designations (“Materials”) — belong to the Company or its licensors and are protected by intellectual-property legislation, including the Copyright Ordinance (Cap. 528) and the Trade Marks Ordinance (Cap. 559) of Hong Kong, as well as international treaties.

2.2. You are granted a limited, revocable, non-exclusive, non-transferable right of access to the Service for your own use in accordance with the Terms. No other rights, licenses, or permissions are granted, whether expressly, by implication, or by reason of absence of objection.

2.3. It is prohibited: to copy and distribute the Materials; to create derivative works; to decompile and reverse-engineer; to remove or alter rights-holder notices; to use the Company’s designations in domain names, product names, advertising, meta tags, and keywords without written permission; to claim partnership or endorsement by the Company without such permission.

2.4. Use of third-party designations (including the names of AI Providers and their models) in the interface is effected for informational purposes to indicate the source of functionality and does not mean partnership, sponsorship, or endorsement by the rights holders.

3. Your materials (Input)

3.1. You retain all rights in Input that you held before transmitting it to the Service. The Company does not acquire ownership of your Input.

3.2. You grant the Company a limited license to the extent and for the purposes specified in §8.2 of the Terms of Use: fulfillment of a request, operation of the selected history, agent, and memory features, billing, support, security, and compliance with legal requirements.

3.3. You represent and warrant that you possess all necessary rights, consents, and permissions to transmit Input and to have it processed to the described extent, and that such transmission does not infringe third-party rights and does not cause the Company to violate the law.

3.4. The Company does not use your Input to train its own models.

4. Generation outputs

4.1. Rights in Output. The scope of rights in Output is determined by the combination of: applicable law (which in most jurisdictions does not recognize the protectability of works created without a human creative contribution), the Provider Terms of the corresponding Model, and the nature of your source materials and creative contribution.

4.2. Absence of representations. The Company does not represent or warrant that the Output:

  • is an object of exclusive rights and is protectable;
  • is unique and does not coincide in whole or in part with results obtained by other users;
  • is not similar to existing works, trademarks, trade names, or other objects of third-party rights;
  • is free of third-party claims;
  • may be registered as an object of intellectual property;
  • is suitable for commercial use in your jurisdiction and your use case.

4.3. Your responsibility. Before commercial use of an Output you must independently: check it for coincidences and similarity with third-party materials; assess legal risks; review the Provider Terms of the corresponding Model as to the permissibility of your use; and, where necessary, obtain advice from a qualified professional.

4.4. Similarity of outputs. Identical or similar requests of different users may result in similar Outputs. This is a property of generative models, not a defect of the Service and not a ground for claims.

4.5. Labeling. If applicable law requires disclosure of the artificial origin of content, the duty of labeling rests with you as the person publishing the Output.

5. Prohibition of infringing use

It is prohibited to use the Service to: reproduce protected works to an extent going beyond what is permitted by law; recreate styles, characters, and designations for the purpose of misleading consumers; circumvent technical protection measures; remove watermarks and authorship notices; create materials that infringe rights in the image, name, and voice of a particular person; and other actions that infringe third-party rights.

6. Procedure for a rights-infringement communication

6.1. A communication is sent to support@modelstation.org with the subject “IP” and must contain:

  1. a description of the object whose rights you believe have been infringed, and confirmation of the existence of rights (registration particulars, a contract, other evidence);
  2. an indication of the specific material posted or distributed through the Service: a link, identifier, date and time, a screenshot;
  3. your contact details: name or designation, address, email address, telephone;
  4. a statement of good faith of the communication: that the use is not authorized by you, your representative, or the law;
  5. a statement of the accuracy of the information provided and of the existence of authority to act on behalf of the rights holder;
  6. the signature (including electronic) of the complainant or the complainant’s authorized representative.

6.2. An incomplete communication may be returned with an indication of the missing information.

6.3. Communications sent for the purpose of restricting competition, exerting pressure, or otherwise in bad faith are rejected; systematically bad-faith communications may result in restriction of the complainant’s access to the Service.

7. Review and measures

7.1. The Company reviews a communication within a reasonable time and may, without being obliged to establish the fact of infringement: request explanations from the user who posted the material; restrict access to the material; delete the material; restrict or terminate the user’s access.

7.2. The Company acts as a technical intermediary and is not obliged to conduct prior monitoring of User Content. Measures applied upon a communication are not an admission of infringement by either the Company or the user.

7.3. A user whose material has been restricted may submit an objection with a justification of the lawfulness of use. Upon a reasoned objection, the Company may restore access if this does not create a legal risk for it.

7.4. The Company may transmit information about the communication and about the affected user to the other party to the dispute to the extent permitted by applicable law, so that the parties may settle the dispute directly.

7.5. A dispute as to rights is resolved between the complainant and the user. The Company is not an arbitrator of such a dispute and is not responsible for its outcome.

8. Repeat infringements

Accounts systematically associated with infringement of third-party rights, as well as accounts of persons who submit knowingly false communications, are restricted or terminated in accordance with §19 of the Terms of Use and §9 of the Acceptable Use Policy. Unused Balance upon termination for a violation is not refunded to the extent permitted by law.

9. Feedback and suggestions

Ideas, suggestions, comments, and materials voluntarily sent by you to the Company are not confidential, and the Company may use them perpetually, royalty-free, and without restriction, without giving rise to any rights, claims, or right to remuneration on your part.

10. Notices from rights holders in other jurisdictions

The Company reviews communications prepared in accordance with the rules of the Copyright Ordinance (Cap. 528) of Hong Kong, as well as communications prepared in a manner analogous to the requirements of the legislation of other jurisdictions (including notices in the format used in the United States under the Digital Millennium Copyright Act), provided that they contain the information listed in §6.1. Review of a communication in such a format does not mean submission of the Company to a foreign legal system and does not change the governing law and dispute-resolution procedure established by §20 of the Terms of Use.

11. Contacts

support@modelstation.org ELVARON LIMITED, Registration No. 79402144, 14/F, China Building, 29 Queen's Road Central, Central, Hong Kong.