Terms of Use - Paperpal Illustrate

These Terms of Use apply specifically to the Paperpal Illustrate feature and shall be read and construed in conjunction with, and as a supplement to, the Paperpal Terms of Use available at https://cactusglobal.com/terms-of-use/. In the event of any conflict or inconsistency between these Terms of Use and the Paperpal Terms of Use, these Terms of Use shall prevail only with respect to the Paperpal Illustrate feature, unless otherwise expressly stated.

AI Technologies

Our services utilize machine learning models, generative AI, and third-party infrastructure (“AI Technologies”). We reserve the right to determine which AI Technologies contribute to the services overall or to specific features at our discretion.

1. Ownership of Input and Output

    

   • User Content (Input): You retain all rights, title, and interest in and to the content, data, images, figures, illustrations, files, reference materials, documents, other content that you submit to the Services (“Input”). By submitting Input, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such Input solely for the purpose of providing the Services to you.
   • Generated Content (Output): Subject to your compliance with these ToU, as between you and us, and to the extent permitted by applicable law, you own all right, title, and interest in the content generated by the AI Technologies based on your Input (“Output”), excluding any third-party content or licensed content incorporated into the Output. To the extent such rights vest with us and are capable of assignment under applicable law, we hereby assign to you all our right, title, and interest in such Output, subject to your full compliance with these ToU.
   • Third-Party Content: Certain Outputs may incorporate content licensed from third parties. We grant you a worldwide, non-exclusive, royalty-free, sublicensable (where applicable) licence to use, reproduce, publish, distribute, display, modify, commercialise, and otherwise exploit Outputs, including any third-party content embedded within such Outputs, subject to these ToU and any applicable third-party licensing restrictions. Ownership of third-party content remains with the applicable rights holder and is not transferred to you.

     You may not extract, isolate, disaggregate, redistribute, claim ownership of, or use such third-party content as standalone elements separate from the Output unless expressly permitted under the applicable licence.

   • Platform Intellectual Property: Except as expressly provided herein, we and our licensors retain all right, title, and interest in the Services, including our software, AI models, workflows, templates, interfaces, proprietary technology, and other pre-existing intellectual property.

2. Nature of AI Content and Copyright Limitations

    

   • Non-Exclusivity: Due to the nature of machine learning and the generative AI models used in our Services, Outputs may not be unique or exclusive to you. Similar or identical content may be generated for other users of our Services or users of third-party AI platforms. You acknowledge that we are not liable for any such similarities or perceived duplications.
   • Copyrightability: You acknowledge that laws regarding the copyrightability of AI-generated content are evolving. While you own the Output as between you and us, the ability to claim exclusive copyright ownership over such content in your jurisdiction may be limited. You agree that we provide no guarantee or warranty that the Output is eligible for copyright protection under any jurisdiction.
   • To the maximum extent permitted by applicable law, we do not warrant or represent that any Output is non-infringing, original, or free from third-party rights, or that it is suitable for any particular purpose or use.

3. Publication and usage rights

    

   • Free / Trial Tier: Output generated or exported under a free or trial subscription tier is provided for personal, internal, and non-commercial evaluation purposes only. Commercial use, public distribution, or publication of such Output may require a paid subscription or other applicable authorization.
   • Paid / Premium Tier: Outputs generated and exported during an active paid subscription may be reproduced, published, distributed, displayed, modified, commercialized, licensed, assigned, and otherwise used without restriction, subject to these ToU and any applicable third-party licensing restrictions.

4. Representations and Warranties

    

   • You represent and warrant that you own or have obtained all necessary rights, licenses, permission and consent to submit your Input to the services and its use by Paperpal as contemplated under these Terms, does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or publicity rights, contractual rights of any third party.
   • You represent and warrant that you shall not extract, isolate, disaggregate, redistribute, claim ownership of, or otherwise use any third-party content embedded within the Outputs as standalone elements separate from the Output, except to the extent expressly permitted under the applicable third-party licence.
   • You are solely responsible for the final review, editing, and use of any Output. We provide the AI Technologies on an “as-is” basis and make no representations regarding the accuracy, reliability, or legal validity of the Output for any particular purpose, including academic or professional publication.
   • You are responsible for complying with any publisher, journal, institutional, or regulatory requirements relating to AI-generated content.

5. No Responsibility for User Use of Outputs. To the maximum extent permitted by applicable law, CACTUS shall have no responsibility or liability arising from or relating to your use of, reliance upon, publication of, distribution of, commercialization of, modification of, or other exploitation of any Output, including any claim that an Output infringes, misappropriates, or otherwise violates the rights of any third party, except to the extent such liability cannot be excluded under applicable law.

6. Rights Confirmation Certificate: Upon request, CACTUS may provide a rights confirmation certificate or similar documentation confirming that an Output was generated using the Services and setting out the usage rights granted to the user under these Terms in relation to such Output. Any such certificate is provided solely as evidence of the rights granted under these Terms and does not constitute a representation, warranty, or guarantee regarding copyright ownership, exclusivity, validity, enforceability, or non-infringement of any Output.