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Privacy Policy

This privacy policy (the “Policy”) applies to Ophelia’s creators Mikail Usman and Abdullah Zaman (the “Creators”), the official Ophelia website and dashboard, and the Ophelia Discord bot application (the “Service”). Ophelia provides a social chatbot application for Discord as a service.

As used in this Policy, “personal data” means any information that relates to, describes, could be used to identify an individual, directly or indirectly.

Applicability: This Policy applies to personal data that the Service collects, uses, and discloses and which may include: (i) data collected through the Services, (ii) data collected through chat history, (iii) data collected through the Ophelia website/dashboard, and (iv) data collected from third party sources. Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. The Creators and the Service does not store any credit card or payment information you provide, only confirmation that payment was made.

Definitions: Through this Policy, You, or Your means the individual accessing or using the Service or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Either "We", "Us" or "Our" in this Agreement refers to the Creators. Usage Data refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the time at which a message was sent).

  1. While interacting with the Services, You may provide certain personally identifiable information that could be used to contact or identify You. Personally identifiable information may include, but is not limited to: (a) Your username for the Services. (b) Text prompts you input into the Service. (c) Your Discord IDs. (d) Usage Data. (e) Tracking Technologies and Cookies. (f) Contact Information. (g) Your Email. (h) Other data that you elect to send to us, such as any information you include in communications to us.
  2. Excluding your text prompts (conversation history), We may use Personal Data for the following purposes:

    i. To provide, maintain, and improve our Service, including to monitor the usage of our Service.

    ii. To manage Your account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

    iii. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

    iv. To contact You: To contact You by email or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

    v. To provide You with news, special offers and general information about other goods, services and events which we offer that are like those that you have already purchased or enquired about unless You have opted not to receive such information.

    vi. To manage Your requests: To attend and manage Your requests to Us.

    For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
  3. Sharing of Your Personal Data Including Your text prompts, We may share Your personal information in the following situations:

    i. With Service Providers or Third-Party Vendors: We may share Your personal information with these parties to provide services on our behalf, monitor and analyze the use of our services, contact You, and for the reasons stated in the Agreement. Service Providers to monitor and analyze the use of our Service, to contact You. Regarding OpenAI, your text prompts are not used to train or improve their (OpenAI’s) models. This is specifically governed by OpenAI’s policies regarding the OpenAI API, for which we are not responsible.

    ii. With Your consent: We may disclose Your personal information for any other purpose with Your consent.

    iii. With Law Enforcement: Under certain circumstances, Midjourney may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To the extent we receive a request from Law Enforcement for Your personal data, we will promptly notify You and provide You with a copy of the request, unless we are legally prohibited from doing so.

    iv. With Other Parties to: (a) Comply with a legal obligation. (b) Protect and defend the rights or property of the Creators. (c) Prevent or investigate possible wrongdoing in connection with the Service. (d) Protect the personal safety of Users of the Service or the public. (e) Protect against legal liability.
  4. Retention of Your Personal Data

    The Creators will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

    The Creators will also retain Usage Data (separate from Your text prompts and conversational history) for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

    Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

    Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

    The Creators will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
  5. Security of Your Personal Data

    The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

    Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

    If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
  6. Links to Other Websites

    Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
  7. Changes to this Privacy Policy

    We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy.

    We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
  8. You have the following data protection rights:

    i. You can request access, correction, updates or deletion of your Personal Data.

    ii. You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.

    iii. If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

    iv. You have the right to complain to a data protection authority about our collection and use of your Personal Data.

    v. To exercise Your rights please visit our Support Server (Discord) and request Us to delete your account and data.
  9. Information we specifically collect:

    i. Your account name, profile picture and Discord user ID.

    ii. Information used to identify products in relation Ophelia (tokens) purchased through third party vendors.

    iii. Session cookies to maintain account authorization.

    iv. Tokens used up for both input prompts and model generated prompts in addition to conversation history.

    v. Timestamps to record when prompts were sent by You.

    vi. Your settings/preferences in relation to the Service.

  10. Selling Information

    The Creators do not sell Your Personal Information. If in the future we do sell your personal information, we will notify you and you may have the right to opt-out of such sale. You have the right to opt out of any sales of Personal Information by the Creators. However, the Creators do not sell your information.

  11. Deletion Request Rights

    You have the right to request that the Creators delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once the Creators receive and confirm your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. The Creators will notify you promptly if it determines they must deny your deletion request.

Terms of Service

Thank you for using the Ophelia Discord Bot Application and Dashboard (the “Services”). These Terms of Service (the “Agreement”) explain what rights you have with respect to text which you might generate with the Service or prompts you might enter into the Service (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. Our privacy policy outlines how we handle your data above.

This Agreement is entered into by Mikail Usman and Abdullah Zaman (The “Creators”). and the entity or person agreeing to these terms (the "Customer," “You” or “Your”) and govern the Customer's access to and use of the Services.

This Agreement is effective when the Customer proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

Other documents referenced here may also bind Customer’s use of the Services, including the pricing page and the Community Guidelines below.

  1. Service Availability and Quality

    We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

    Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

    The Creators reserve the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for the purpose of developing or offering competitive products or services. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. You may not resell or redistribute the Services or access to the Service. Only one user may use the Services per registered account.

    Each user of the Services may only have one account. You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.

    We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IDs and traffic information.
  2. Age Requirements

    By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

    Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.

    The Creators try to make their Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
  3. Your Information

    By using the Services, You may provide the Creators with personal information like Your email address, user name, billing information, favorites, text outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be found above.
  4. Content Rights

    You own all Assets You create with the Services to the fullest extent possible under applicable law. By using the Services, You do no grant to the Creators, their successors, and assignees any right to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute text prompts You input into the Services, as well as any Assets produced by You through the Service. There are some exceptions: (i). Your ownership is subject to any obligations imposed by this Agreement and the rights of any third-parties. (ii). Please consult Your own lawyer if You want more information about the state of current intellectual property law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership.
  5. Dispute Resolution and Governing Law

    In the event a dispute, controversy, or claim arises out of or relating to these Terms (“Dispute”), the Dispute will be resolved by binding arbitration rather than in court. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Suffolk County, Massachusetts, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

    Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
  6. Payment and Billing

    We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.

    We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement. You will not be refunded for the current number of purchased tokens.
  7. Community Guidelines

    Be kind and respect each other and staff. Do not use text prompts that are inherently disrespectful, aggressive, hateful, or otherwise abusive. Violence or harassment of any kind will not be tolerated. No adult content or gore. Please avoid generating visually shocking or disturbing content. You may not use the Services to try to influence the outcome of an election. You may not use the Services or the Assets to attempt to or to actually deceive or defraud anyone. You may not use the Services for illegal activity nor may you upload images to our servers that involve illegal activity, or where the uploading itself may be illegal. You may not intentionally mislead recipients of the Assets about their nature or source. Respect others’ rights. Do not upload others’ private information. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose Your rights to use the Service.
  8. Limitation of Liability and Indemnity

    We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

    To the extent permitted by law, you will indemnify and hold us harmless and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms.
  9. Miscellaneous

    Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war. This Agreement does not create any agency, partnership, or joint venture between the parties. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. This Agreement does not confer any benefits on any third party unless it expressly states that it does.