These Terms of Service ("Terms") apply to your access to, and use of, the websites and generative artificial intelligence ("AI") media platform provided by the entity providing the Services ("Company," "we," "us," or "our"). By using the Services (as defined below), you agree to these Terms. These Terms form a binding legal contract between Company and you as a customer ("Customer," "you," or "your") governing your use of (i) any websites or other online products or services provided by Company that link to these Terms ("Sites"), and (ii) the Company platform as made available to customers as a cloud-hosted service (collectively with the Sites, and as applicable, the "Services").
1. Services and License
Subject to your payment of the required fees (or credits), Company grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Sites and the Services in accordance with these Terms and applicable Documentation for your own personal or internal business use. Company will use commercially reasonable efforts to provide the Services in material conformance with these Terms.
2. API Access and Integration (Partner Obligations)
If your use case involves accessing the Services through a Customer Solution using Company's APIs:
- Authorization: Company grants you a limited, worldwide, non-exclusive right to (A) access the Services through Company approved APIs; and (B) allow End Users to access the Services through the Customer Solution.
- Prohibited Exposure: Client will not expose any of the Services APIs directly to any End Users.
- Value-Add Requirement: Partners must provide substantial added value. Using the Services to create a "thin wrapper" for raw resale is strictly prohibited.
3. Eligibility and Export Control
Company complies with all U.S. export control laws and economic sanctions.
- Sanctioned Jurisdictions: You represent and warrant that you are not located in, or a resident of, any country subject to U.S. comprehensive sanctions.
- Termination: Any violation will result in immediate account termination and irrevocable forfeiture of all remaining balances.
4. Fees, Payment, and Affiliate Terms
- Pricing: Services are billed based on compute time or model output as specified on our Sites; all rates are subject to change without notice, with new pricing effective upon posting.
- Prepaid Credits: Customer is required to purchase credits in advance. Credits will expire 365 days from the date of purchase.
- Non-Refundable: ALL PURCHASES ARE FINAL. Once purchased, credits are non-refundable, non-transferable, and cannot be exchanged for currency.
- Payment Fees: Customer is responsible for all applicable taxes.
- Affiliate Commission & Payouts: If you participate in the Company's Affiliate/Referral program:
- (i) All commissions are calculated based on net revenue (excluding taxes and processing fees).
- (ii) Fee Transfer: Any and all fees associated with the transfer of commissions or affiliate funds (including but not limited to wire fees, Stripe transfer fees, and currency conversion costs) shall be borne entirely by the recipient (Affiliate).
- (iii) Company reserves the right to deduct these fees directly from the commission balance prior to payout.
5. Accounts and Security
You must create an account to use the Services. You may not share your account credentials. For "Team Organization" accounts, the administrator serves as the primary point of contact for billing and usage.
6. Customer Input and Usage Data
- License: Customer grants Company a non-exclusive, royalty-free license to process "Customer Input" to provide the Services.
- Usage Data: Customer agrees that Company may generate, collect, and use "Usage Data" (technical logs and metrics). Company owns and retains all rights to Usage Data.
7. Prohibited Uses
Customer will not:
- Attempt to reverse engineer or decompile any part of the Services;
- Use the Services to build a competitive product;
- Systematically retrieve data to create a database or directory;
- Use the Services for illegal/adult content, hate speech, or malware.
8. AI Output and Liability Disclaimer
- No Warranty: AI-generated content ("Output Content") may not be unique or accurate. Company makes no representations that Output Content will not infringe third-party rights.
- User Risk: Users use AI Features at their own risk. Company shall not be liable for any damages arising from reliance on AI outputs.
9. Cultural Sensitivity and Ethical Use
Users must respect the diversity of global cultural norms. The Company reserves the right to restrict or remove access to content that violates principles of cultural respect or public order.
10. Indemnification
Customer agrees to indemnify and hold harmless Company and its affiliates from any claims, damages, or expenses arising out of Customer's violation of these Terms, misuse of Services, or content generated by Customer or their end users.
11. Termination
Company reserves the right to suspend or terminate access at any time without notice for Policy violations. Upon termination or account deletion, any remaining credit balance shall be immediately and voluntarily forfeited.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Delaware, USA. Any dispute shall be subject to the exclusive jurisdiction of the federal and state courts located in Delaware.
13. Acceptance
By registering for an account, accessing the platform, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety.