These Terms of Use ("Terms") govern the use of the Prospector Studio platform, and any other products and services that we may offer for your use, along with any associated apps, software, and websites (together, the "Services"). These Terms are a contract between you and Devo Technology, Inc. (DBA Strike48). By accessing or using our Services, you agree to these Terms. Breach of any part of the Terms may result in suspension or termination of your Strike48 account. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms.
1. Purpose
This website describes our activities, offer of products and services, community relations and networking, and provides access to and use of our Prospector Studio platform, subject to these Terms and, depending on your usage, an active subscription to paid-up services.
2. Accounts
To access our Services, we may require you to make an account. You agree to provide correct, current, and complete account information and allow us to use it to communicate with you about our Services, and agree to not share your account with anyone else. Our communications to you using your account information will satisfy any requirements for legal notices. You are responsible for all activity occurring under your account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to support@strike48.com.
3. Use of the Services
You may access and use the Services only in accordance with these Terms, including our Privacy Policy, any guidelines and supplemental terms we post on or provide with the Services, and applicable law. We own or are licensee of all intellectual and industrial property rights in the website content and the Service. Access to and use of our the Services does not imply any transfer of all or part of these rights to you.
You may not access or use, or cause or help any third party to access or use, the Services in any way that violates the Prohibited Use Policy attached to these Terms as Exhibit A.
You further agree to not exceed any rate or other limitations set forth in the tier of your account or subscription.
4. User Content
As between Strike48 and you, you (or your licensors) retain all right, title, and interest (including all intellectual property rights) in and to any software, data, or content that you host, deploy, or transmit through our system ("User Content"). Strike48 makes no claim of ownership over User Content. Our provision of the Services does not grant us any licenses or rights to your User Content except for the limited, non-exclusive right to host and transmit such content as necessary to provide the Services to you.
You acknowledge and agree that we shall have the right to copy, use, modify, distribute, and display any information, analysis, statistics and other data generated by the Services, including compilation of aggregated statistics about the Services, to optimize performance of and improve the Services.
5. Responsibility and Use
Your use of the Services is at your own risk. The Services are provided "as is" and we do not make any warranty of any kind as to the results that may be obtained from the use of the Services or the accuracy of any other information obtained through the Services, including, without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose. You are solely responsible for your conduct and the content of your hosted material. Strike48 does not monitor, verify, or endorse User Content. You represent and warrant that your use of the Services and any material you host complies with all applicable laws and does not infringe upon the rights of any third party. Strike48 shall have no liability for any loss, corruption, or third-party claims arising from your use of the Services. You should independently evaluate, through human review, any outputs of the Services, including to make sure that such outputs are accurate, lawful, and otherwise appropriate and permissible under these Terms and that you have adequate rights to use such outputs, before relying on them.
Neither Strike48 nor our affiliates or their respective representatives will be liable under any legal or equitable theory for any claim (including third-party claims), damage, or direct or consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss (and you will indemnify, defend and hold us harmless against any and all such claims, including any indemnification obligation owed by us to any third-party providers) arising from or relating to your use of the Services.
6. Third Party Content
The Services may contain links to third party sites. We make no representation whatsoever nor accept any responsibility about such sites nor do we have any control over them. Any third-party content or a link to a third-party site is for informational purposes only. The Services may be performed with or contain materials governed by licenses from third parties, including any software component that is subject to any open-source copyright license agreement. Notwithstanding anything to the contrary in these Terms, all such materials are licensed to you solely under the terms of the corresponding third-party license agreements provided or referenced in the Services. We make no representation or warranty concerning such materials and have no obligation or liability with respect to such materials.
You may choose to access or use, at your sole discretion, certain third-party products, services or content that interoperate with the Services and that are made available through the Services, including but not limited to third-party apps, tools, alerts or service integrations ("Third-Party Content"). All Third-Party Content is exclusively governed by the terms of service, end user license agreement, privacy policies, and/or any other applicable terms and policies of the Third-Party Content provider. Your access or use of Third-Party Content is at your own risk and solely between you and the applicable Third-Party Content provider. We do not make any representations, warranties, or guarantees and disclaim any responsibility and liability for and regarding the Third-Party Content or the providers thereof, even if the particular Third-Party Content has been reviewed, certified or vetted by Strike48.
You may be required to grant Strike48 access to your account with such Third-Party Content providers to the extent necessary for us to allow the interoperation with the Services. By requesting or allowing us to enable access to such Third-Party Content in connection with the Services, you certify that you are authorized under the provider's terms to allow such access. If you install or enable (or direct or otherwise authorize us to install or enable) Third-Party Content for use with the Services where the interoperation includes access by the Third-Party Content provider to your data and information, you hereby authorize us to allow the provider of such Third-Party Content to access your data and information as necessary for the interoperation. You agree that Strike48 is not responsible or liable for disclosure, modification or deletion of your data resulting from such access.
7. Term and Termination
Your account shall be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time by contacting info@strike48.com. Strike48 reserves the right, in its sole and absolute discretion, to suspend, or terminate your access to the Service, or any part thereof, at any time and for any reason (or no reason), upon reasonable prior written notice to you. This includes, but is not limited to, instances where we believe your use of the Service poses a security risk, violates these Terms, including without limitation, our Prohibited Use Policy, or subjects us to potential legal liability.
8. General Terms
Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations — such as preventing abuse, responding to legal requirements, or addressing security and operability issues — where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them.
These Terms contain the entire agreement between the parties, and supersede all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and are binding upon the parties and their permitted successors and assigns. These Terms may not be transferred or assigned without our prior written consent. We may transfer or assign these Terms at any time. We may use independent contractors or subcontractors to assist in the delivery of Services.
These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions, and any disputes shall be exclusively resolved in the state or federal courts located in New York, NY. If a particular Term or portion of these Terms is not valid or enforceable, it will have no effect on any other Terms. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.
We may revise and update these Terms at our discretion. If you continue to access the Services after we post the updated Terms on our website or otherwise give you notice of the changes, you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services.
You will not export, re-export, use, or divert the Services to or on behalf of any country that is subject to U.S., EU or UN economic sanctions administered by the US Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the European Commission or the UN; the government of any country sanctioned by any of the above, wherever located; or persons or entities identified as "Specially Designated Nationals" by OFAC or sanctioned pursuant to applicable EU Regulation, or persons or entities that are owned or controlled by such person or entity. By accessing the Services, you warrant that you and anyone accessing the Services on your behalf are not such persons or entities listed above, and are not located in such country. You acknowledge that any materials, once placed on the Services by you may constitute an export of data by you to one or more foreign jurisdictions. You shall not cause any such export of data in violation of the laws of the United States and/or such other foreign jurisdictions.
Government Use
This provision applies only if you are the United States Government or a state or local government entity located in the United States (collectively, the "Government"), or if you are accessing or otherwise using the Services on behalf of the Government. Any technical data or Services which are licensed to the Government, its agencies and/or instrumentalities as a result of these Terms are commercial technical data or commercial computer software developed exclusively at private expense as defined in FAR 2.101 or DFARS 252.227-7014 as applicable. For technical data, use, duplication or disclosure by the Government is subject to restrictions as set forth in DFARS 202.227-7015 and these Terms. For Services and any software contained therein, in accordance with FAR 12-212 or DFARS 227-7202, as applicable, use duplication or disclosure by the Government is set forth in these Terms. No other rights are granted. Use of the Services and/or any technical data provided with such Services shall be deemed acceptance of this clause by you.
Exhibit A — Prohibited Use Policy
This Policy applies to any use of the Strike48 Services. By accessing or using the Strike48 Services, you agree not to use the Strike48 Services for any of the following purposes:
1. Violation of Laws and Rights
- Illegal Activity: Engaging in, promoting, or facilitating any activity that violates applicable local, state, national, or international laws or regulations.
- Privacy Violations: Generating, collecting, or publishing personally identifiable information (PII) or protected health information (PHI) of others without their express consent.
- Intellectual Property: Violating the intellectual property rights, proprietary rights, or trade secrets of Strike48 or any third party.
2. Harm to Minors
- Child Sexual Abuse Material (CSAM): Generating, promoting, or distributing content that depicts, promotes, or normalizes the sexual abuse or exploitation of children.
- Predatory Behavior: Using the Strike48 Service to groom, solicit, or interact inappropriately with minors.
3. Violence, Hate, and Harassment
- Violence and Physical Harm: Promoting, facilitating, or encouraging violence, terrorism, or physical harm against individuals or groups. This includes instructions on how to create weapons, explosives, or biological/chemical agents.
- Hate Speech: Generating content that promotes discrimination, hostility, or violence based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.
- Harassment: Generating content intended to harass, bully, shame, threaten, or defame specific individuals or groups.
4. Self-Harm
- Promotion of Self-Harm: Encouraging, providing instructions for, or idealizing suicide, self-mutilation, eating disorders, or other acts of self-harm.
5. Sexually Explicit Content
- Non-Consensual Sexual Content: Generating content that depicts sexual violence or non-consensual sexual behavior.
- Deepfakes: Creating non-consensual sexual imagery of real individuals (deepfakes).
6. Deception and Disinformation
- Impersonation: Deceiving others by creating content that falsely represents a real person or entity without disclosure (e.g., creating fake social media profiles or posing as a government official).
- Disinformation Campaigns: Generating or spreading verifiable false information for the purpose of interfering with democratic processes, manipulating public opinion, or causing public harm.
7. High-Risk and Critical Infrastructure
- Critical Systems: Using the Strike48 Services in the operation of nuclear facilities, air traffic control, life support systems, or military weaponry, where the failure of the Strike48 Services could lead to death, personal injury, or environmental damage.
- Medical Advice: Providing tailored medical advice or diagnosis without appropriate oversight by a licensed professional.
8. Circumvention
- Jailbreaking: Attempting to bypass the Strike48 Services' safety filters, training guardrails, or this Prohibited Use Policy.
Violation of this Policy constitutes a material breach of these Terms. Upon any violation, your rights to use the Strike48 Services will terminate automatically and immediately. We reserve the right to report illegal activities to law enforcement authorities.