Omen Sway – Terms of Service

Last updated: 19 April 2025

1. Purpose

Omen Sway is a collaborative platform whose sole aim is to build and improve an open‑domain AI model that predicts the aesthetic quality of images. By uploading a pair of images ("Pairing") and by voting, you contribute data that are indispensable to that purpose.

2. Definitions

"Service" – the website at https://omensway.ai.
"Operator", "we", "us" – Joseph Cooper Consulting, sole proprietorship of Joseph Cooper,
NIP PL5833424146, Łańcucka 12A m. 7, 80‑298 Gdańsk, Poland.
Contact: jcooper@joecooper.me.

"User", "you" – any person who accesses the Service.
"Content" – any image or other material uploaded by a User.
"Rating" – a vote indicating which image in a Pairing is preferred.

3. Acceptance

Uploading a Pairing or casting a Rating after ticking the acceptance box forms a binding contract with the Operator on these Terms.

4. User‑Submitted Content

  1. Ownership warranty – You created the Content or hold all rights necessary to license it.
  2. Display licence – You grant the Operator a non‑exclusive, worldwide, royalty‑free, sublicensable licence to host, copy, resize and publicly display the Content so that Users can view and rate it.
  3. Model‑training licence – You grant the Operator an irrevocable, perpetual, worldwide, royalty‑free licence to use the Content and all associated Ratings to research, develop, train, fine‑tune or validate aesthetic‑judgement models, commercial or otherwise.
  4. Irrevocability – Removing the original files ends §4‑2 for future displays, but §4‑3 and any models or datasets already derived remain in force.
  5. Indemnity – You will indemnify the Operator against any claim that the Content infringes third‑party rights.

5. Personal‑data minimisation

You must not upload images that contain identifiable faces, GPS metadata or other personal data. The Service automatically strips EXIF and may reject files that violate this rule.

6. Prohibited Conduct

Uploading illegal, defamatory, obscene, hateful or infringing Content is forbidden.

7. Termination

We may suspend or terminate your access at any time for breach of these Terms or applicable law. §§4‑3, 8, 9 and 11 survive termination.

8. Intellectual Property

The Service, its code and the Omen Sway mark are the property of the Operator and are licensed, not sold, to you.

9. Disclaimers

The Service is provided "as is" without any warranty, express or implied. Use is at your sole risk.

10. Liability Cap

Our aggregate liability arising out of or in connection with the Service is limited to €100, except where prohibited by law.

11. Governing Law and Jurisdiction

These Terms are governed by Polish law. Any dispute shall be resolved by the competent court in Gdańsk, Poland.

12. Contact

Legal correspondence may be sent to the address in §2 or by e‑mail to jcooper@joecooper.me.