Terms of Service

Last updated: July 2, 2025

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using our AI image and video generation service (the "Service") operated by us ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using our Service you agree to be bound by these Terms. If you disagree with any part of these terms then you may not access the Service.

Service Overview

Our platform provides AI-powered image and video generation services through advanced machine learning models. We offer multiple service tiers:

• Free Plan: Limited monthly generations with watermarks
• Monthly Subscriptions: Enhanced features, higher limits, priority processing
• Annual Subscriptions: All monthly benefits with additional savings
• Credit Packages: Pay-per-use option for flexible access

Account Terms

Eligibility

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that you are at least 13 years old.

Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for maintaining the security of your account.

One person may use the Service per account. Accounts may not be shared between or among different individuals.

Acceptable Use Policy

You agree not to use the Service to create, generate, or distribute content that:

• Depicts or exploits minors in any inappropriate, sexual, or harmful manner
• Contains explicit sexual content, nudity, or pornographic material
• Promotes violence, hatred, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, or other protected characteristics
• Violates or infringes upon intellectual property rights of others
• Impersonates real individuals without their explicit consent
• Creates deepfakes or misleading content of public figures
• Spreads misinformation, false information, or conspiracy theories
• Promotes illegal activities, self-harm, or dangerous behaviors
• Contains defamatory, libelous, or slanderous material
• Violates any applicable local, state, national, or international law

We reserve the right to review content and suspend or terminate accounts that violate these policies.

Intellectual Property and Licensing

Your Content Rights

You retain ownership of the text prompts you create and the resulting images and videos generated by our AI models, subject to the licensing terms below.

License Grant to Us

By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store and process your prompts and generated content
• Use anonymized and aggregated data to improve our AI models
• Display your content for service operation purposes
• Use your content for marketing purposes with your explicit consent

Commercial Use Rights

Paid Subscription Users: You have full commercial rights to use generated content without attribution requirements.

Free Plan Users: You may use generated content for commercial purposes provided you provide attribution as specified in your account settings.

Important Note: Our AI models are trained on diverse datasets. While we implement safeguards, you are responsible for ensuring your use of generated content does not infringe on third-party intellectual property rights.

Payment Terms and Billing

Subscription Billing

Subscription fees are charged in advance on a recurring basis (monthly or annually). Your subscription will automatically renew unless you cancel before your next billing date.

Credit Purchases

Credits are processed immediately upon purchase completion. Purchased credits expire 12 months from the date of purchase. Subscription-included credits reset monthly and do not roll over.

Pricing Changes

We reserve the right to modify our pricing at any time. For existing subscriptions, price changes will take effect at your next renewal date. We will provide at least 30 days notice of any price changes.

Refund Policy

All purchases are final and non-refundable. This includes subscriptions, credit purchases, and any other fees. For subscription cancellations, your service will continue until the end of your current billing period.

Service Availability and Limitations

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free service
• Specific generation speeds or processing times
• Particular quality outcomes for generated content
• Availability of any specific features

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

AI Model Changes

Available AI models are subject to change without notice. We may add, remove, modify, or replace AI models at our discretion. We may also adjust the credit cost per content creation for any AI model without prior notice. These changes may affect generation quality, speed, or cost per generation.

Content Responsibility and AI Limitations

You acknowledge and understand that:

• AI-generated content may contain errors, biases, or unexpected results
• We do not review all generated content before it is provided to you
• You are solely responsible for your use of generated content
• We make no representations about the accuracy or appropriateness of AI outputs
• Generated content should be reviewed before any professional or commercial use

Account Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• Request by law enforcement or government agencies

Disclaimers and Limitation of Liability

Service Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party rights.

Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration rather than in court. You waive your right to a jury trial and to participate in class action lawsuits.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

Your continued use of the Service after any changes constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@biscuit.land