WeSmile AI Photobooth uses technologies such as ComfyUI, Stable Diffusion, and Vertex AI to generate images and content via artificial intelligence (“AI”). Due to the nature of AI technology, WeSmile cannot guarantee or predict the exact outcomes of the generated content. Therefore, WeSmile shall not be liable for any disputes, claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with the AI-generated content via the Services. Customer acknowledges the unpredictable nature of AI-generated content and accepts the risks associated with the use of such technology within the Services.
Provider: WeSmile (“Provider”)
Customer: Event Organizer (“Customer”)
1. Services: The Provider agrees to provide the Customer with access to an AI photobooth entertainment setup, including the use of generative AI models, for the duration of the event specified by the Customer.
2. Theme and Parody: The image generation of the photobooth setup, supported by Generative Artificial Intelligence (Stable Diffusion SDXL1.0), is intended to parody or interpret various themes, including but not limited to the customer's list. The Customer acknowledges that the photobooth setup is intended for entertainment purposes only and that the Provider has no intention of infringing any intellectual property rights to the themes or elements used.
3. Intellectual Property: The Customer acknowledges that any AI-generated images or other intellectual property used in the photobooth setup complies with the principles of fair use and for parody purposes, and the interpretation of the generative AI on general themes inspired by and for entertainment and private use. The Customer agrees not to reproduce, distribute or use images or content generated by the photobooth setup for commercial purposes without the express permission of the respective copyright holders.
4. Nature of AI and Image Use: The Customer acknowledges that the AI images generated by the photobooth setup are inspired by the chosen theme and are intended for entertainment and parody purposes only. The Provider uses the term “inspired by” in the AI photobooth system to clarify that the generated content is a creative interpretation and is not intended to infringe any intellectual property rights. The nature of AI technology means that results may vary and there is no guarantee that these individuals will accurately represent or prevent unintended outcomes. The Customer agrees that the generated images are for the private use of event attendees and may not be used for other purposes without their explicit permission.
5. Indemnification: The Customer agrees to indemnify the Provider, its affiliates, employees and agents from any claims, damages or liabilities arising out of or related to the generative AI model that has been integrated into the AI photobooth entertainment setup by the Customer or their event attendees. This agreement remains in effect each time the customer signs up for WeSmile's AI photobooth service.
