Atrium Terms of Use

Last updated AUGUST 2, 2025

These Platform Terms of Use and all policies and additional terms posted on our sites, applications and tools (collectively, the "User Agreement") set out the terms on which Hyype Inc., a Delaware corporation (“Company”) offers you access to, and use of, the services offered on Company’s Atrium platform, available online at https://atrium.art (“Platform”) and https://meetquack.com/ai (“Platform”). You agree to comply with all terms of the User Agreement when accessing or using services offered on the Platform. Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below).

1. Terms

1.1 This document constitutes the terms of service between end-users of the Atrium website and the Atrium software application. 'Atrium' is used to refer to the Atrium website, the Atrium software application and its provided service(s) for the remainder of this document.

1.2 These terms must be adhered to by all users of the Atrium image generation and posting service and are agreed upon during account creation.

1.3 If you do not agree to these terms, you must not use Atrium's image generation or posting service nor download the Atrium software application, and you must delete your account if you have already made one.

1.4 You are solely responsible for the maintenance and security of your Account, and any password and you are solely responsible for all activities that occur through the use of your credentials. You agree to take reasonable steps to prevent unauthorized access to our use of your Account or Wallet and to notify us immediately at info@atrium.art if you suspect or know of any unauthorized use of or breach of security related to your Account.

1.5 Company retains all right, title, and interest in and to the Platform, including all intellectual property associated therewith, all derivative works thereof, and in all media, but specifically excluding user data that at all times will remain the property of the user.

2. License, Access, and Restrictions

Subject to your compliance with the User Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platform and Platform Services. All rights not expressly granted to you in the User Agreement are reserved and retained by Company or its licensors, suppliers, publishers, rightsholders, or other content providers. The Platform Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not use Company’s name or trademarks without the express written consent of Company. You may not misuse the Platform Services. You may use the Platform Services only as permitted by the User Agreement and applicable law.

You may not incorporate any portion of the Platform into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Platform in whole or in part.

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Platform, whether in whole or in part. We may offer automatic or manual updates to the Platform at any time and without notice to you.

3. Use of Third-Party Services

When you access or use the Platform, you may also be using the services of one or more third parties, including without limitation an internet provider, wireless carrier, or a mobile software provider, digital-sign-on services provider, or network node or other infrastructure provider. Your use of such third-party services is subject to the separate policies, terms of use, and fees of these third parties, if any.

4. Company Platform Usage

In connection with using or accessing the Platform and/or Platform Services you agree to comply with the User Agreement and all applicable laws and regulations, and you will not:

breach or circumvent any laws, regulations or third-party rights;
use the Platform and/or Services if you are not able to form legally binding contracts in your jurisdiction (for example, if you are a USA person under 18 years old), or are temporarily or indefinitely suspended from using the Platform and/or Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for Digital Art Services purchased by you,
share your log in credentials with any third parties,
circumvent any technical measures used to provide access to the Platform and Platform Services,
interfere with the functioning of the Platform and/or Platform Services;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to Company;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Platform Services, Digital Art Services or post content that does not belong to you; or
harvest or otherwise collect or use information about users without their consent.

5. Company’s Rights

Nothing limits or impairs Company’s right to refuse, modify, or terminate access to the Company Platform or the Platform Services to anyone, or to terminate the User Agreement with anyone, or to suspend or terminate your Account for any reason at Company’s sole discretion.

6. Atrium Accounts and Provided Services

6.1 An account is required to access the image generation functionality as well as the image posting function of Atrium.

6.2 You must be 18 years or older and be capable of entering into a legal contract in order to use Atrium.

6.3 You may not share an account with any other person or entity, and must keep your account information reasonably secure.

6.4 You are responsible for all actions and requests that your account performs, and must ensure that they do not violate these terms.

6.5 If your account is terminated, there is no guarantee of future availability of your data nor of a refund for any purchases or subscriptions you may have made.

6.5 Atrium will make an attempt to ensure its services have high reliability and support as many clients as possible. However, no guarantee of availability or uptime is made by Atrium. Atrium may be integrated with, or may otherwise interact with third-party applications, websites, and services and third-party personal computers, mobile handsets, tablets, and other devices. Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Atrium does not guarantee that Third-Party Applications and Devices will be compatible with the Atrium Service.

6.6 Atrium is not liable for any liabilities or damages caused by the use of its services, nor from the usage of images generated using our service. If you believe your usage of Atrium is not in your own best interests, you must cease usage of Atrium and uninstall any Atrium software application.

6.7 Atrium reserves the right to change these terms of service at any time, and will attempt to notify you of any changes.

7. Account Purchases and Subscriptions

Account purchases and subscriptions award the subscribing or purchasing user with Atrium credits ("Credits"), a type of virtual credit, and enables a range of premium functionalities ("Membership Services") that are provided only to purchasing users who have an active subscription to Atrium.
Credits may only be used for the purpose of generating images on Atrium.
Credits are not redeemable for cash or for any other goods or services.
Credits may not be given to any other user.
All purchases are non-refundable. You may terminate your subscription at any time by logging into your account or contacting us directly. If you terminate your subscription, your subscription will not be renewed starting from the next billing period and your access to Membership Services will be active until the expiration of your subscription.
Previous Credit balance will be carried forward in your account for a 12 month rolling basis. If subscribed, After the termination of your subscription, your no longer have access to your paid credits.
All subscriptions and purchase amounts are stated denominated in US Dollars. The amounts listed on the website do not include applicable taxes such as sales taxes, which are assessed by our payment processor.
If a subscription is not paid for on its renewal date, we have the sole right to terminate your access to Atrium's Membership Services.

8. Restrictions of Conduct and Content

8.1 In accessing and using Atrium, you agree to abide by the following rules, restrictions and limitations:

a. You will not modify, translate, adapt or reformat Atrium;
b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising Atrium;
c. You will not interfere with or circumvent any security feature of the Atrium or any feature that restricts or enforces limitations on the use of Atrium;
d. You will not use Atrium to gain unauthorized access to our or any third party's data, systems or networks;
e. You will not use Atrium in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the Atrium;
f. You will not use Atrium in any way that, in our sole discretion, may expose us and others to liability or damages;
g. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in Atrium;
h. You will comply with all applicable laws in your access and use of Atrium, including the laws of your country or district;
i. You are not allowed to use any automation to access our service. We expect you to use our service through real human interactions.
j. You will ensure that other users have predictable experiences on Atrium by properly using the nsfw tag system to label any of your content that is graphic, sexually-explicit, lewd, indecent, or otherwise objectionable.

8.2 You shall not upload, share or otherwise transmit to or via the Services any content that:

a. is unlawful, harmful, libelous, defamatory, abusive, racially or ethnically offensive, harassing, threatening, invasive of personal privacy or publicity rights, misleading, or otherwise objectionable;
b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
d. contains any unsolicited promotions, political campaigning, advertising or solicitations;
e. contains any private or personal information of a third party without such third party's consent;
f. may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
g. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of Atrium;
h. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
i. is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

9. Generated Images

9.1 No claims on the ownership or copyright of AI-generated images are made by Atrium. All content is created as derivative works of original primary IP owned by their respective "Creators".
9.2 AI model output may sometimes be unpredictable and is not guaranteed to match the input prompt nor to be of any given nature or quality.
9.3 Do not attempt to generate content that is illegal in your legal jurisdiction or within your country or district of residence.
9.4 Do not access our generation service via any means other than the atrium.art website or our software application. Only real human interactions are allowed.
9.5 Do not use generated content as a substitute for any licensed profession, including but not limited to legal advice, financial advice, medical advice, or any other professional service or advice.

10. Disclaimer of Warranties; Limitation of Liability

Company does not guarantee the continuous operation of or access to the Platform and/or Platform Services. You agree that you are making use of the Platform, Platform Services and Digital Art Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Company makes no representation or guarantee as to - and will have no liability for - the value (if any) to you, to any third party, or to any market of any Digital Art Services, the Digital Art, or any digital asset created, minted, purchased, acquired, or made available on or in connection with the Platform or the Platform Services. Accordingly, to the extent permitted by applicable law, Company excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Company (including its parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Company was advised of such damages or losses. Without limiting the generality of the foregoing, Company (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) is not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using the Platform Services;
your use of or your inability to use the Platform Services;
delays or disruptions in the Platform Services;
viruses or other malicious software obtained by accessing or linking to the Platform Services;
glitches, bugs, errors, or inaccuracies of any kind in the Platform Services;
damage to your hardware device from the use of the Platform Service;
the content, actions, or inactions of third parties; or
a suspension or other action taken with respect to your Account or breach of the User Agreement by you.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to $100.

11. Indemnity

You will indemnify and hold Company (including Company affiliates and subsidiaries, as well as respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of the Platform or Platform Services and/or the Digital Art Services or your breach of any law or the rights of a third party.

12. Legal Disputes

By accessing and using the Platform, Platform Services and/or the Digital AI Art Services, you agree that applicable federal law, and the laws of the state of California without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Company.

Any dispute or claim relating in any way to your access and/or use of the Platform, Platform Services and/or the Digital AI Art Services will be adjudicated in the state or federal courts in San Francisco, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint to info@atrium.art. This address can be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Contact Us

If you have any questions regarding the use of Atrium or this TOS, please contact us at: info@atrium.art