Terms of Use

1. About ArtEmotion

ArtEmotion, Inc. ("Company," "we," or "us") operates ArtEmotion, an AI-powered creative studio that enables users to generate images, video, audio, and other media using third-party AI models ("Service"). The Service is accessible via our website and any associated APIs or applications.

2. Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this requirement and that all information you provide is accurate and current. The Service is not directed at children under 18, and we do not knowingly collect information from minors.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share your account with others, maintain multiple simultaneous accounts, or transfer your account to another party. Notify us immediately at legal@artemotion.ai if you suspect unauthorized access.

You may create an account using an email address and password, or through one of the following OAuth providers: Google, Discord, or GitHub. When you use social sign-in, we receive only the information described in our Privacy Policy (Section 2). You remain responsible for your account regardless of which sign-in method you use.

We reserve all ownership rights to accounts themselves. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal business purposes only.

4. User Content

You retain ownership of content you upload to the Service ("Inputs") and content the Service generates for you ("Outputs"). We do not claim ownership of your Inputs or Outputs.

By using the Service, you grant ArtEmotion, Inc. a worldwide, royalty-free, non-exclusive license to use, reproduce, and process your Inputs and Outputs solely to operate, maintain, and improve the Service. We will not use your specific, identifiable content to train models sold or licensed to third parties without your explicit consent. You are solely responsible for all content you upload or generate.

By uploading Inputs, you represent and warrant that: (a) you own the Inputs or have all necessary rights, licenses, and permissions to use them and to grant us the license above; (b) the Inputs do not infringe any third-party intellectual property, privacy, or other rights; and (c) the Inputs comply with all applicable laws.

Do not submit content that is unlawful, harmful, abusive, defamatory, or otherwise objectionable. Do not upload content that infringes any third-party intellectual property rights or contains personal data of others without their consent. Do not submit biometric, confidential, or sensitive information through the Service.

5. Prohibited Uses

You agree not to:

• Generate, distribute, or use content involving minors in a sexual context
• Create content designed to harass, threaten, or harm any individual or group
• Generate non-consensual intimate imagery or deepfakes of real people without explicit consent
• Use the Service to develop or train competing AI models or services
• Circumvent, disable, or interfere with security features or access controls
• Automate access to the Service in ways that exceed fair use or violate our rate limits
• Engage in any activity that violates applicable laws or regulations in any jurisdiction
• Use Outputs to spread disinformation, generate spam, or deceive others
• Attempt to reverse-engineer, decompile, or extract source code from the Service

We reserve the right to review, remove, or refuse any content at our sole discretion and without prior notice. Violations may result in immediate account termination.

6. Adult Content & Age Verification

Certain features of the Service allow the generation of adult or sexually explicit content ("Adult Content"). Access to Adult Content is restricted to users who:

• Are at least 18 years of age (or the age of majority in their jurisdiction, whichever is higher);
• Have affirmatively confirmed their age and consented to Adult Content at account creation or via account settings; and
• Are not accessing the Service from a jurisdiction where such content is prohibited by law.

By enabling Adult Content features, you represent and warrant that you meet all of the above requirements. Adult Content features are disabled by default and must be explicitly opted into. We reserve the right to verify age at any time and to disable Adult Content access for any account. Under no circumstances may Adult Content be generated involving minors — any attempt to do so will result in immediate account termination and may be reported to law enforcement.

7. Intellectual Property

The Service, including its software, design, trademarks, and all content we create, is owned by ArtEmotion, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from our proprietary materials without our express written permission.

DMCA Notice

If you believe content on the Service infringes your copyright, please send a DMCA notice to legal@artemotion.ai including: (a) your signature; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) your contact information; (e) a good-faith statement that use is unauthorized; and (f) a statement of accuracy under penalty of perjury.

DMCA Counter-Notification

If you believe content was removed in error as a result of a DMCA notice, you may send a counter-notification to legal@artemotion.ai containing: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury of good-faith belief that the removal was a mistake or misidentification; and (4) your name, address, telephone number, and consent to Federal District Court jurisdiction (or the equivalent if outside the US). Upon receipt we will forward it to the complainant; if no court action is filed within 10–14 business days, the content may be restored at our discretion.

AI Output Limitations

Outputs generated by the Service are produced by third-party AI models and are not guaranteed to be accurate, complete, appropriate, or fit for any particular purpose. AI-generated content may contain errors, unintended material, or content that does not reflect the views of ArtEmotion, Inc.. You are solely responsible for reviewing, verifying, and determining the suitability of any Output before relying on or distributing it.

We do not represent that Outputs are original, non-infringing, or free from third-party intellectual property claims. The legal status of AI-generated content under copyright law varies by jurisdiction and is unsettled in many countries. You assume all risk associated with using or commercializing Outputs. Where required by applicable law (including EU AI Act Art. 50, Regulation (EU) 2024/1689), AI-generated or manipulated content — particularly synthetic media depicting real persons — must be disclosed as AI-generated when published or distributed. You are responsible for making any such disclosures required in your jurisdiction.

8. Credits, Payments & Refunds

The Service operates on a credit-based system. Credits are purchased via Stripe, our third-party payment processor. All prices are displayed in USD and are subject to change with notice.

Refund policy: Credits are generally non-refundable once used. If you purchased credits and have not used any of them, you may request a refund within 7 days of purchase, subject to a service fee of up to 6%. Subscription fees are non-refundable on a prorated basis — cancellation takes effect at the end of the current billing period. No cash redemption of credits is available. See our Refund Policy for full details.

Credits expire upon account cancellation. For usage-based models, we estimate costs up front and deduct actual usage upon completion — unused reserved credits are returned to your balance automatically. EEA and UK consumers: please see Section 16 for your statutory right of withdrawal, which is broader than the 7-day commercial window described in the Refund Policy.

9. Subscriptions

Subscription plans automatically renew at the end of each billing period at the then-current rate unless you cancel. You may cancel at any time via your account settings or by contacting legal@artemotion.ai. Cancellation prevents future charges but does not entitle you to a prorated refund of the current period.

Price changes: We will give you at least 30 days' advance notice of any subscription price increase, by email or prominent in-app notice, before the change takes effect at your next renewal. If you do not cancel before the renewal date, you accept the new price. EEA and UK consumers retain the right to cancel without penalty if they do not accept a material change to price or terms.

10. Third-Party Services

The Service integrates with third-party providers, including:

• fal.ai — AI model inference provider. Your prompts and inputs are processed by fal.ai to generate outputs. fal.ai's Terms of Service and Privacy Policy apply to their processing.
• Stripe, Inc. — Payment processing. Your payment information is subject to Stripe's Terms of Service and Privacy Policy.
• Cloudinary — Media storage and delivery. Generated media may be stored on Cloudinary's infrastructure.
• Resend — Transactional email delivery. Your email address is transmitted to Resend to send receipts, security alerts, and account notifications.
• Google, Discord, GitHub — OAuth sign-in providers. If you choose social sign-in, your use of those services is also governed by their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or policies of those third-party providers.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes in detail what data we collect, how we process it, the legal bases for processing (for EEA/UK users), your data subject rights, and how to exercise them.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR FREE FROM OFFENSIVE MATERIAL. AI-GENERATED OUTPUTS MAY CONTAIN ERRORS, OMISSIONS, OR UNINTENDED CONTENT.

EEA / UK residents: Statutory rights you have as a consumer under applicable law (including implied terms as to satisfactory quality and fitness for purpose under the Consumer Rights Act 2015 in the UK, or equivalent EU legislation) are not affected by this disclaimer.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTEMOTION, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US IN THE THREE MONTHS PRIOR TO THE CLAIM, OR (B) $100.

Nothing in this Agreement excludes or limits liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection rights in your jurisdiction.

14. Indemnification

You agree to indemnify, defend, and hold harmless ArtEmotion, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your Inputs or Outputs; (c) your violation of this Agreement; or (d) your violation of any third-party rights. This indemnification obligation does not apply to the extent that any claim arises from our own negligence, fraud, or breach of applicable law.

EEA / UK consumers: To the extent that this indemnification clause would be unenforceable or deemed an unfair contract term under EU Directive 93/13/EEC, the UK Consumer Rights Act 2015, or other applicable mandatory consumer-protection law, it shall not apply to you.

15. Dispute Resolution

Informal resolution

Before initiating any legal proceeding, you agree to contact us at legal@artemotion.ai and attempt to resolve the dispute informally for at least 30 days.

Users outside the EEA and UK

If informal resolution fails, disputes shall be resolved by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), except you may bring qualifying claims in small claims court. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm while arbitration proceedings are pending. You and ArtEmotion, Inc. waive the right to a jury trial and to participate in class actions. You may opt out of arbitration within 30 days of creating your account by sending written notice to legal@artemotion.ai with subject line "Arbitration Opt-Out."

EEA and UK residents

The mandatory arbitration and class-action waiver above does not apply to users habitually resident in the EEA or United Kingdom, to the extent it would be unenforceable under applicable mandatory consumer law or EU Directive 93/13/EEC on unfair contract terms. EEA/UK consumers may bring disputes before the courts of the country where they habitually reside, and may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr (EU) or seek alternative dispute resolution through a certified ADR body (UK). We are not obliged to participate in ADR but will consider doing so on a case-by-case basis.

Governing law

This Agreement is currently governed by the laws of the Republic of Colombia, without regard to conflict-of-law principles. We will update this provision to reflect the governing law of our registered entity's jurisdiction upon U.S. incorporation. EEA residents may also rely on the mandatory protective provisions of the law of the EU member state in which they habitually reside, and UK residents may rely on the mandatory provisions of UK law.

16. EU / EEA / UK Consumer Rights

If you are a consumer habitually resident in the EEA or United Kingdom, you have a statutory right of withdrawal ("cooling-off period") of 14 days from the date of purchase for digital services that have not yet been fully performed. However, by beginning to use a feature immediately after purchase (e.g., using credits you just bought), you expressly request immediate performance and acknowledge that your right of withdrawal is lost once the service has been fully performed.

EU consumers retain all rights granted by applicable EU consumer-protection legislation, including Directive 2011/83/EU on consumer rights and Directive 2019/770/EU on contracts for digital content and digital services. Nothing in this Agreement derogates from those rights.

For data-protection-related rights, please refer to our Privacy Policy (Sections 3, 6, and 9).

17. Termination

Either party may terminate this Agreement at any time. We may suspend or terminate your access immediately for violations of this Agreement or, without cause, upon at least 30 days' advance written notice by email. Upon termination for cause, no refund is owed. Upon termination without cause, we will refund any prepaid, unused credits. Termination results in deletion of your content from our active systems within 30 days and from backups within 90 days, subject to legal retention obligations.

18. Changes to This Agreement

We may update these Terms at any time. We will notify you of material changes via email or an in-app notice at least 30 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated terms. If you do not agree to the changes, please close your account before the effective date.

19. Export Controls & Sanctions

The Service is subject to the export control laws and regulations of the United States, including the Export Administration Regulations (EAR, 15 C.F.R. Parts 730–774) and the economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). By using the Service, you represent and warrant that:

• You are not located in, and are not a national or resident of, any country or territory subject to a U.S. government comprehensive embargo or broad service-restriction program (currently including Cuba, Iran, North Korea, Syria, Russia, and the Crimea region of Ukraine, the so-called Donetsk People's Republic (DNR), and Luhansk People's Republic (LNR) regions). Note: Russia is subject to broad U.S. technology and services restrictions under Executive Order 14024 and related regulations, not a comprehensive trade embargo;
• You are not listed on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals (SDN) list or the BIS Denied Persons List; and
• You will not use the Service to export, re-export, or transfer any outputs in violation of applicable export control laws.

We reserve the right to restrict or terminate access to the Service for any user located in a sanctioned jurisdiction or identified as a restricted party, without notice and without liability.

20. General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy and Refund Policy incorporated by reference, constitutes the entire agreement between you and ArtEmotion, Inc. regarding the Service and supersedes all prior agreements, representations, or understandings relating to the same subject matter.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of ArtEmotion, Inc. to be effective.

Assignment

You may not assign or transfer this Agreement, or any rights or obligations under it, without our prior written consent. We may assign this Agreement without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. In any such event, we will notify you by email at least 30 days before the assignment takes effect; if you do not wish to continue under the new entity, you may close your account and receive a refund of any unused prepaid credits.

Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, internet or infrastructure outages, government actions, or third-party service failures. This does not affect your right to cancel a subscription or receive a refund under the Refund Policy.

21. Contact

Questions about these Terms? Contact us at legal@artemotion.ai.

Privacy and data questions: privacy@artemotion.ai.