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 [email protected] 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 & Acceptable Use Policy

Your use of the Service is governed by our Acceptable Use Policy ("AUP"), which is incorporated into and forms part of this Agreement. The AUP is the authoritative list of prohibited content and conduct; the items below are non-exhaustive examples.

You agree not to use the Service to generate, upload, distribute, host, or facilitate:

• Child Sexual Abuse Material (CSAM) or any sexual or sexualised depiction of a minor (real or AI-generated). This is a zero-tolerance category. Suspected CSAM is reported to the National Center for Missing & Exploited Children (NCMEC) where applicable, and the originating account is permanently terminated. Uploaded media may be scanned against industry CSAM signal sources.
• Non-consensual intimate imagery, "revenge porn," or sexual depictions of identifiable real persons without documented consent.
• Deepfakes or face-swap content of identifiable real persons (public figures, celebrities, private individuals, minors) without that person's documented written consent.
• Pornography or sexually explicit imagery. Our content safety filter is force-enabled server-side on all generations and cannot be disabled by users.
• Content designed to harass, threaten, dox, or incite violence against any individual or group.
• Misinformation, election interference, or content designed to deceive viewers about real persons or events.
• Trademark, copyright, or right-of-publicity infringement; counterfeit or fraudulent assets.
• Use of the Service to develop or train competing AI models or services.
• Circumvention or disabling of security features, safety filters, or access controls.
• Automated access exceeding documented rate limits.
• Any activity that violates applicable laws or regulations in any jurisdiction.
• Reverse-engineering, decompiling, or extracting source code or model weights 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, refusal of service, retention of evidence, and reporting to law-enforcement authorities where required by law. Anyone may report suspected violations via our abuse report form or by emailing [email protected].

6. Content Safety

ArtEmotion is a B2B creative-tooling platform. The Service does not include an explicit-content category, an explicit-content unlock, or any tier permitting the generation of sexually explicit imagery. The platform's third-party model providers' content safety filters are force-enabled on every generation request and cannot be disabled by users. Prompts that violate our Acceptable Use Policy are rejected at submission. Under no circumstances may any model on the Service be used to generate sexual or sexualised content involving minors — any attempt to do so will result in immediate account termination and reporting 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.

Designated DMCA Agent

ArtEmotion, Inc. complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). Our designated agent for receipt of notifications of claimed infringement is:

DMCA Agent — ArtEmotion, Inc.
Postal: Cra 86 # 42C - 55, Colombia
Email: [email protected]
Telephone: provided on written request to the email above.

Our designated agent is registered with the United States Copyright Office DMCA Directory under Service Provider ID DMCA-1072815. The current registration can be looked up at copyright.gov/dmca-directory.

DMCA Takedown Notice

If you believe content on the Service infringes your copyright, please send a written notice to our designated agent at [email protected] that includes all of the following (per 17 U.S.C. § 512(c)(3)(A)):

1. A physical or electronic signature of the copyright owner or authorised agent.
2. Identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works).
3. Identification of the allegedly infringing material with sufficient detail for us to locate it (URL preferred).
4. Contact information: name, postal address, telephone number, and email address.
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.

We will respond to validly submitted notices in line with our published abuse-response targets — see our abuse report page.

DMCA Counter-Notification

If you believe your content was removed or disabled in error as a result of a DMCA notice, you may send a counter-notification to our designated agent at [email protected] containing (per 17 U.S.C. § 512(g)):

1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, postal address, and telephone number; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the US, the judicial district in which ArtEmotion, Inc. may be found); and a statement that you will accept service of process from the original complainant or its agent.

On receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not file an action seeking a court order against the content provider within 10 business days, the removed material may be restored.

Repeat-Infringer Policy

In accordance with 17 U.S.C. § 512(i), ArtEmotion, Inc. maintains a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are determined to be repeat infringers. We reserve the right to terminate access for any user we believe in good faith is engaged in repeated copyright infringement on the Service.

Misrepresentations

Knowing material misrepresentation in a DMCA takedown notice or counter-notification may subject the misrepresenting party to liability for damages, costs, and attorneys' fees under 17 U.S.C. § 512(f). Please ensure your notice is accurate before submitting it.

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 and subscriptions are purchased through Polar (polar.sh), our payment provider and Merchant of Record, which uses Stripe for secure card processing. All prices are displayed in USD and are subject to change with notice.

Refund policy: Credit-pack purchases are non-refundable once any credits have been used. Unused credit packs may be refunded within 7 days of purchase, subject to a 6% service fee. Subscription refunds are calculated per billing window:monthly plans refund the current charge if requested within 7 days and no credits were spent that month; annual plans are prorated month-by-month — each unused month (no credits spent that month AND within 7 days of that month starting) is refundable at 1⁄12 of the annual price, less the 6% service fee. See our Refund Policy for the full rules, worked examples, and the in-app self-serve flow.

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 from Settings → Subscription or by contacting [email protected]. The credits and storage included with each plan, and the current prices, are shown at checkout and in Settings → Subscription.

Changing your plan. You may switch plans or billing cadence at any time from Settings → Subscription:

• Upgrades take effect immediately. You are charged the prorated difference for the remainder of your current billing period, and gain the higher plan's benefits right away.
• Downgrades take effect at the end of your current paid period. You keep your current plan and its benefits until then; no mid-cycle refund or credit is issued for the difference. You may cancel a scheduled downgrade at any time before it takes effect, from Settings → Subscription.

Storage. Each plan (and the free tier) includes a fixed amount of cloud storage for the assets you generate; the included amount varies by plan and is shown at checkout and in Settings. You may also purchase optional storage add-ons, billed as recurring monthly subscriptions, which stack on top of your plan's included storage. If your stored assets reach your total storage limit, creation of new assets is paused until you free up space (by deleting assets) or add more storage — your account, existing assets, and credits are not otherwise affected. Storage add-ons renew and may be cancelled like any subscription (the additional space ends at the close of the add-on's paid period); switching to a different add-on tier replaces the previous one.

Refund on cancellation. When you cancel, we calculate any refund you qualify for under the per-window rules in our Refund Policy and show you the exact amount before you confirm. Briefly:

• Monthly: the current month is refundable if requested within 7 days of the charge AND no credits were spent that month.
• Annual: each of the 12 months is evaluated independently; a month is locked once any credits are spent during it OR more than 7 days have passed since it began. Unused months are refunded at 1⁄12 of the annual price each.
• A 6% service fee is withheld from every refund.
• Accepting a refund ends your subscription access immediately. Choosing "cancel at period end" preserves access through the paid period but issues no refund.

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.
• Polar — Payments and Merchant of Record (billing, invoicing, and tax handling), using Stripe for underlying card processing. Your payment information is subject to Polar's and Stripe's respective Terms of Service and Privacy Policies.
• 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.

Marketing Communications (Newsletter)

We may send you occasional newsletters and product-update emails about new models, features, and platform news. These communications are entirely optional and require your explicit consent. You may opt in during account registration or at any time from the Notifications section of your account settings (Settings → Notifications).

You may withdraw your consent and unsubscribe at any time by:

• Toggling the Receive our newsletter switch off in your account settings; or
• Clicking the unsubscribe link included in every marketing email we send.

Withdrawal of consent does not affect the lawfulness of any processing carried out before it was withdrawn. Transactional emails (such as password-reset codes, billing receipts, and job-completion notifications you have explicitly enabled) are not affected by the newsletter preference and will continue to be sent as necessary to operate your account.

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 [email protected] 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 [email protected] 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 [email protected].

Privacy and data questions: [email protected].

Postal address: Cra 86 # 42C - 55, Colombia.