Definitions

"Us/we/our/FaeForge": faeforge.com and its operators
"Service": the website faeforge.com and all its related platforms, applications, websites and products
"You": any user that has accessed this site
"Content": any review, image, file, graphic, text or link uploaded to or accessed from this site
"Affiliates": FaeForge and all our subsidiaries, contractors, licensors, agents, operators, collaborators and employees

By using our Service, you accept and agree to the following Terms.

Genteral Terms

General Agreement

These Terms govern your use of our Service and products and form an agreement between you and FaeForge. All users must adhere to these Terms.

Acceptance

Use of our Service means you have read, understood, and agreed to these Terms. If you don not agree, you may not access or use our Service.

Age Requirement

Users must be 18 years or older. If you are younger than 18 years, you may not use our Service.

Mature Content

We have no power over and no responsibility for the Content that is created using our Services. You may not create or publish mature Content such as, but not limited to, nudity, violence, abuse, death, or gore. Although we do our best to restrict such Content, you agree that we have no responsibility to monitor or filter any Content on our website, and that you may be exposed to such mature Content.

Change

We have the right to change or update these Terms at any time and without notice. All changes made to these Terms are retroactive and apply to any and all users, Content and communications, overriding any previously agreed upon Terms. We may change, suspend or discontinue the Services, products, fees and charges at any time, including the availability of any feature or Content. We reserve the right to block you and your Content from our website and to discontinue any of our Services at any time and for any reason.

Privacy Policy

Your use of our Service also requires that you agree to our Privacy Policy, an integral part of these Terms detailing our approach to collecting, using, and disclosing your personal information. Ensure you read it before accessing our Service.

Content

Content you share

You are fully responsible for the Content you share on our Website and any actions stemming from your use of our Services. You confirm that you have the right to post your Content and that it does not violate our Terms, laws, or infringe upon any individual's or entity's rights. We reserve the right to remove any of your Content at our discretion, especially if it raises concerns.

Intellectual Property

Ensure you own the Content you share or that you have explicit permission to post it. Your Content must adhere to all relevant publicity, trademark, copyright, and other legal standards.

Rights to your Content

By posting your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide and to promote our Services, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.

Representation

Please note that colors and details in our website images may not be displayed entirely accurately, and sizes might occasionally be approximate. Thus, such discrepancies are not acceptable causes for quality claims and returns.

Responsibility

Account

You are solely accountable for all activity on your account and must maintain confidentiality of your identification and your account on our website. While we are not responsible for losses from unauthorized use of your account, you might be liable for our losses or those of others stemming from such use.

Indemnity

You are solely and exclusively responsible for your use of our Services. You agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services.

Liability

Neither we nor any of our Affiliates will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings.

Using our Services does not make you an agent, partner or employee.

Disclaimer of Warranties

Our Services are provided on an AS IS - WITH ALL FAULTS basis. Your use of our Service is entirely at your own risk. We are not liable for any legal consequences, damages, or liabilities arising from your violations of laws, these Terms, third-party rights, misrepresentations, or product liability claims. We do not guarantee the availability or of our Service at any given time, or the reliability of our Service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. CIVITAI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER WE TAKE OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, WE HAVE NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. CIVITAI DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON OUR SITE THAT IS NOT PRODUCED BY US, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Law

Swiss law shall apply to all legal transactions or other legal relationships or disputes with us.

If any provision of these Terms is invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid. The invalid or missing provisions shall be replaced by the respective statutory provisions.

Billing and Payments

Saving Billing Information

You have the option to save your billing information for convenience in all future orders and charges associated with FaeForge products and Services. By choosing this, you acknowledge and consent to your data being processed and stored by third-party providers. FaeForge might partake in Account Updater programs, which can auto-update your card details, such as expiration dates or card numbers. By using our Services, you consent to such automatic updates, understanding that we cannot guarantee their occurrence. It remains your responsibility to ensure your payment details stay up-to-date.

Payment for products and Services

When you order a product or opt for a Service that has an associated fee, you will be charged based on the fee stated at that time. We might modify our fees occasionally (e.g., during sales, discounts). The costs, along with any delivery charges, are provided on the Site during your transaction. Occasionally, for promotional events or new Services, we may alter our Service fees, which become effective once displayed on our Site. Upon confirming an order, it is processed, and the charge is applied immediately. You will likely receive an order confirmation email from us.

Legality and Authorization of Payment

By initiating a payment, you affirm that you are authorized to use the provided payment method. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. For card payments, you either own the card or have explicit permission from the cardholder. Unauthorized payment method usage will make you liable for any resultant damages, which you will need to compensate FaeForge for.

Payment Representations

You assert that (i) The billing details you provide are accurate, and (ii) To your best understanding, your financial institution or payment provider will honor charges you have incurred.

Our Right to Refuse Transactions

We reserve the right to decline a transaction or Service at our discretion. Any refusal or suspension of a transaction, even after its commencement, will not make us accountable to you or any third parties.

Payment Responsibilities

You are accountable for all fees, payments, and relevant taxes associated with our Site and Services. After placing an order, you might receive an email detailing the ordered products. Full payment, inclusive of taxes and delivery fees, is required before shipping your products. You are responsible for paying any applicable taxes and duties to your local taxing authority.

Discounts

FaeForge may occasionally provide discounts and holds the right to modify, pause, or stop them without prior notice. Details about available discounts can be found on the Site, promotional emails, or other FaeForge-associated channels or events.

Use Restrictions

You may not use our Services

• To generate or post abusive, threatening, defamatory, obscene, vulgar, illegal, unlawful or otherwise offensive Content
• To engage in engage in fraud, threatening conduct, or any other unlawful acts or crimes against FaeForge, another FaeForge user, or a third party
• To interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms third party Services
• In any way that violates any applicable national, federal, state, local or international law or regulation
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way
• To generate or disseminate verifiably false information and/or Content with the purpose of harming others
• To generate or disseminate personal identifiable information that can be used to harm an individual
• To defame, disparage or otherwise harass others
• For fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories
• To provide medical advice and medical results interpretation
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

Shipping and Returns

Damages

We are not liable for product damages or defects arising from shipping, improper handling, or improper storage. However, if your product has faults due to our production, the guarantees from Directive 1999/44/EC on consumer sales apply. This means you are entitled to have the product repaired or replaced as per the law's provisions. If these remedies fail, you can seek a price reduction or contract cancellation. You have to report any product faults to us within 10 days of delivery at support@faeforge.com.

Returns

As your products are personalized, it is not possible to cancel your order for any reason other than that the product is damaged or faulty. Our Return Policy, an important part of these Terms, clarifies how we handle returns.

Shipping

Once you have placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, such as a wrong address, contact us immediately, at the latest 10 days after the arrival or expected arrival. We are not responsible for delivery issues stemming from input errors. We are not bound to make modifications to your order after it is placed, but we will do our best on a case-by-case basis. In some cases, you may need to reach out to the shipping carrier directly. We may hold your order due to file, security, address, or other concerns. If your order is held, you have 30 days to address the issue. Failure to do so will result in order cancellation. Refunds are only available if work on your order has not yet begun. While we may provide delivery estimates, we cannot provide guaranteed delivery dates.

Art

We use image generating models trained and provided by civitai.com users, among others,

• Clumsy_Trainer. 2023. KIDS ILLUSTRATION. https://civitai.com/models/60724/kids-illustration
• jjludemann313.2023. PencilSketch JJL. https://civitai.com/models/102630/pencilsketch-jjl
• SG_161222. 2023. Realistic Vision V5.1. https://civitai.com/models/4201/realistic-vision-v51