Rogues Ink — Terms of Use

Closed-beta notice. Rogues Ink is currently offered in a closed beta to verified holders of Rogues NFT collection assets. These Terms were prepared by the operator with AI research assistance and have not been reviewed by external legal counsel. They will be reviewed by counsel before any public-web or open-registration launch of Rogues Ink. The choice to operate under operator-prepared documents during the closed beta is a deliberate, documented decision (see ADR 0013).

These Terms of Use ("Terms") govern your access to and use of Rogues Ink, an AI image generation tool operated by Rogues NFT Inc. ("Rogues NFT," "we," or "us"). By accessing or using Rogues Ink, you ("you," "Holder") agree to these Terms. If you do not agree, do not use Rogues Ink.

1. Eligibility and access

Rogues Ink is available exclusively to verified holders of Rogues NFT collection assets on the Solana blockchain ("Eligible Holders"). Access is gated by Discord role verification of NFT ownership in the Holder's connected wallet.

You may not access or use Rogues Ink if you are:

1. located in, ordinarily resident in, or organized under the laws of a jurisdiction subject to comprehensive U.S. or international sanctions (including Cuba, Iran, North Korea, Syria, and the regions of Crimea, Donetsk, and Luhansk);
2. listed on any U.S. or non-U.S. government restricted-parties list, including the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons or Entity List; or
3. under the age of majority in your jurisdiction.

By using Rogues Ink, you represent and warrant that none of the above apply to you.

1.5 Acceptance and re-acceptance

You accept these Terms by running the /accept-terms slash command in the Rogues Ink Discord interface before your first use of the Rogues Ink bot. When you do so, we record an acceptance entry consisting of: your Discord user ID, the timestamp of acceptance, the version hash of the Terms you accepted (the terms_version_hash), and the timestamp of your most recent interaction with the bot. The acceptance record is described in more detail in our Privacy Policy at ink.roguesnft.com/privacy.

You can revoke your acceptance at any time by running the /revoke-terms slash command in the Rogues Ink Discord interface (or by writing to the contact address in §12). Revocation ends your access to the Rogues Ink bot; it does not delete the historical acceptance record, which we retain to establish, exercise, or defend legal claims as described in the Privacy Policy.

If we make material changes to these Terms (see §11 — Changes to these Terms), we will issue a new terms_version_hash and require you to re-accept the updated Terms via /accept-terms before you can continue to use the Rogues Ink bot. Use of the bot after a material change without re-acceptance is not permitted.

2. The service

Rogues Ink generates images from text prompts using an artificial intelligence model based on FLUX.1 [dev] from Black Forest Labs, Inc., with a custom layer trained on Rogues NFT character art. Images are generated via Replicate, Inc.'s inference infrastructure and delivered through our Discord application. A high-level summary of the data used to train the custom layer is published at ink.roguesnft.com/training-data.

All images produced by Rogues Ink are AI-generated. This is indicated in each generation response and, where supported, in embedded provenance metadata in the image file itself. You agree to retain these indicators when sharing or distributing images produced by Rogues Ink.

2A. Closed Beta

Rogues Ink is currently offered in a closed-beta phase to Eligible Holders. During the closed-beta phase, we reserve the right to modify, suspend, or discontinue any feature of Rogues Ink (including individual slash commands, generation parameters, the Carrots-based access model, the Ink balance mechanism, and the LoRA model version served) at any time and without notice, and without liability to you. Specific features available to you at any given time may change, may be removed, or may be replaced; no specific feature is guaranteed. Material changes to these Terms themselves will be notified and handled in accordance with §11 and §1.5.

3. Your rights to generated images

3.1 Your rights

Subject to your compliance with these Terms, you may use images you generate through Rogues Ink for any purpose, including for commercial purposes. This includes personal use, sharing on social media, use as profile pictures, and creation of derivative works for personal or commercial use.

3.2 Conditions

The rights granted in §3.1 are conditional on your compliance with these Terms, including in particular:

1. the restriction on competitive AI-model training in §3.3;
2. the prohibited-uses list in §4;
3. the AI-generation disclosure obligations in §2 (last paragraph) and §5; and
4. your independent responsibility for any further disclosure required by law when you share, post, distribute, or commercially exploit images generated through Rogues Ink (including, without limitation, AI-generated content disclosure obligations under the EU Artificial Intelligence Act, California SB 942, and any other applicable law in your jurisdiction or your audience's jurisdiction).

If you redistribute or commercially exploit images generated through Rogues Ink, you are responsible for any applicable downstream disclosure obligations described in §3.2(d). Rogues NFT Inc. is not responsible for disclosures that arise from your downstream distribution or commercial exploitation of generated images.

3.3 No competitive AI-model training

You may not use images you generate through Rogues Ink to train, fine-tune, or distill any AI model that is competitive with FLUX.1 [dev] or FLUX.1 Kontext [dev], or any successor model produced by Black Forest Labs. This restriction flows down from the FLUX.1 [dev] non-commercial license under which the underlying base model is provided and is a condition of your right to use Rogues Ink outputs under §3.1.

4. Prohibited uses

The restrictions in this §4 flow down to you from the FLUX.1 [dev] non-commercial license (under which the base model is provided to Replicate) and Replicate's Acceptable Use Policy (under which the service is delivered to Rogues NFT Inc.). If those upstream documents are updated and the updates affect your obligations under these Terms, we will flow the updates through to you with notice under §11.

You will not use Rogues Ink, and will not permit any third party using your access to use Rogues Ink, to generate, distribute, or otherwise create content:

1. for military purposes;
2. for surveillance, including research or development relating to surveillance;
3. for biometric processing or identification of identifiable persons;
4. that infringes, misappropriates, or otherwise violates third-party rights, including intellectual property rights, rights of publicity, or "digital replica" rights;
5. that depicts identifiable real persons (living or recently deceased) without that person's verifiable consent, or that creates non-consensual intimate imagery;
6. in any unlawful, fraudulent, defamatory, abusive, or harassing manner;
7. constituting child sexual abuse material, non-consensual intimate imagery, or any other content unlawful in your jurisdiction or in the jurisdiction where the content is shared;
8. to generate political advertising, propaganda, disinformation, or large-scale influence campaigns;
9. to impersonate any individual without that individual's verified consent;
10. in any manner that violates applicable law, including the General Data Protection Regulation, the Lei Geral de Proteção de Dados Pessoais, the California Consumer Privacy Act, biometric-information laws, the EU Artificial Intelligence Act, or any successor or analogous laws; or
11. in any manner that violates Black Forest Labs' license terms for FLUX.1 [dev], Replicate's Acceptable Use Policy, or Discord's Community Guidelines.

We may suspend or terminate your access to Rogues Ink at any time for violation of these prohibited-use terms, with or without notice.

Filter-blocked generations and Carrots refunds. Rogues Ink applies automated content-safety filtering to each generation request. From time to time, the filter may block a generation request that you submitted in good faith (for example, because a benign prompt triggered a false-positive classifier signal, or because the filtering service is temporarily unavailable and the bot has failed closed to protect against unsafe outputs). Where a generation request is blocked and any Carrots were deducted from your balance to fund the request, the deducted Carrots will be refunded to your balance via the bot's idempotent refund mechanism (keyed on the generation request_id). Refunds for filter-blocked generations are the sole remedy for filter blocks; we do not commit to a specific filter accuracy level, do not commit to specific uptime, and are not otherwise liable for the operational consequences of filter blocks beyond the Carrots refund.

5. AI-generated content disclosure

You acknowledge and agree that images generated through Rogues Ink are produced by artificial intelligence, and that:

1. Rogues Ink applies AI-generation disclosure to each generation, including in the bot's response message and, where supported, in the image file's embedded metadata;
2. you will not remove, alter, or obscure any AI-generation disclosure or provenance metadata applied to images generated through Rogues Ink; and
3. you are independently responsible for any further disclosure required by law when you share, post, distribute, or commercially exploit images generated through Rogues Ink.

6. No warranty; AS-IS

Rogues Ink is provided on an "as-is" and "as-available" basis. We make no warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the service will be uninterrupted or error-free.

AI-generated outputs may include errors, hallucinations, unexpected results, or content that does not match your prompt. You acknowledge the inherent limitations of AI image generation and agree that Rogues NFT is not responsible for the accuracy, quality, or appropriateness of any specific output. The automated content-safety filter described in §4 is provided on a best-efforts basis and may produce both false positives (blocking benign content) and false negatives (failing to block content that should have been blocked); Rogues NFT does not warrant that any specific category of content is or will be detected.

7. Indemnification

You will indemnify, defend, and hold harmless (i) Rogues NFT Inc., its officers, directors, employees, contractors, and affiliates; (ii) Black Forest Labs, Inc., its officers, directors, employees, and affiliates; and (iii) Replicate, Inc., its officers, directors, employees, and affiliates (collectively, the "Indemnified Parties"), from any claim, demand, loss, damage, fine, penalty, or expense (including reasonable attorneys' fees) arising out of or related to:

1. your use of Rogues Ink;
2. images you generate through Rogues Ink and any subsequent use of those images by you or anyone obtaining them through you;
3. your violation of these Terms; and
4. your violation, misappropriation, or infringement of any third party's rights.

Black Forest Labs, Inc. and Replicate, Inc. are intended third-party beneficiaries of this §7 and may enforce its terms directly. This §7 is back-to-back with the indemnification obligations that Rogues NFT Inc. owes to Black Forest Labs, Inc. and to Replicate, Inc. under their respective agreements with Rogues NFT Inc.

8. Limitation of liability

To the maximum extent permitted by law, Rogues NFT Inc.'s aggregate liability arising out of or related to these Terms or your use of Rogues Ink will not exceed one hundred U.S. dollars (US$100). In no event will Rogues NFT Inc. be liable for any indirect, incidental, consequential, exemplary, or special damages, or for lost profits, lost revenue, or lost data.

9. Termination

You may stop using Rogues Ink at any time. We may suspend or terminate your access to Rogues Ink at any time, for any reason or no reason, including for violation of these Terms or upon discontinuation of the service. Upon termination, the provisions of §§3.2, 3.3, 4, 6, 7, 8, and 10 will survive.

10. Governing law and dispute resolution

These Terms are governed by the laws of the British Virgin Islands, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be brought exclusively in the courts of the British Virgin Islands, and you irrevocably consent to the personal jurisdiction of those courts.

Nothing in this §10 limits any right you may have under the mandatory consumer-protection law of your jurisdiction of habitual residence to bring proceedings in the courts of that jurisdiction or to rely on the protections of that law.

11. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify Holders through the Rogues NFT Discord server and update the "Last updated" date above. Material changes also trigger the re-acceptance flow described in §1.5, including issuance of a new terms_version_hash and the requirement that you re-accept the updated Terms via /accept-terms before continued use of the bot. Your continued use of Rogues Ink after a material change constitutes acceptance of the updated Terms only where you have completed the /accept-terms re-acceptance step.

12. Contact

Questions about these Terms can be directed to:

Rogues NFT Inc.
Email: contact@roguesnft.com