Terms of Service
1. Acceptance of Terms
By accessing or using Foxy AI ("the Service"), you agree to comply with and be bound by these Terms of Service and any other applicable laws, regulations, or rules. If you do not agree with these Terms, do not use the Service.
2. Who May Use Our Services
Our services are available to any user who registers and subscribes to a paid plan. Once registered and subscribed, users can generate personalized photorealistic images using the platform. Access to the ability to generate images is granted upon subscription.
3. Account Registration
To use the Service, you must create an account by providing accurate and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Subscription and Payments
Access to the Service requires a paid subscription. The subscription fee will be clearly outlined during the sign-up process, and payment must be completed before the Service is available. Subscription fees are non-refundable, except as required by law.
5. Use of the Service
After subscribing, you may use the Service to generate personalized photorealistic images based on the photos you provide. The images generated by the platform are for personal or commercial use, depending on your subscription plan.
6. Restrictions
You agree not to:
- Use the Service for any unlawful, harmful, or abusive activities.
- Attempt to reverse-engineer or interfere with the functioning of the Service.
- Violate the intellectual property rights of the Service or any third-party content.
7. Ownership and Intellectual Property
You retain ownership of any images you upload to the platform. However, by using the Service, you grant Foxy AI a non-exclusive, worldwide, royalty-free license to use, modify, and generate derivative works from the images you provide for the purpose of rendering and delivering the service.
8. Privacy and Data Protection
Foxy AI values your privacy. Our Privacy Policy outlines how we collect, use, and protect your personal data. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.
9. Termination of Service
We reserve the right to suspend or terminate your access to the Service at any time, without notice, if we believe you have violated these Terms of Service. Upon termination, your subscription fee will not be refunded.
10. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available." Foxy AI does not warrant that the Service will be uninterrupted or error-free. We are not liable for any damages arising from the use or inability to use the Service, except where required by law.
11. Changes to the Terms
Foxy AI reserves the right to modify these Terms of Service at any time. If any changes are made, the updated Terms will be posted on the website. By continuing to use the Service after changes are made, you agree to the updated Terms.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Foxy AI operates.
13. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at [[email protected]].
14. Warranty Disclaimers
The AI-generated outputs, including images and other content, are produced based on machine learning models. Due to the nature of these models, the outputs may not always be unique, and similar results may be generated for different users. Given the inherent unpredictability and probabilistic nature of AI, we cannot guarantee that the generated outputs will always meet your expectations, be entirely accurate, or be free from errors or undesirable content. Any actions based on these outputs are taken at your own risk.
15. Indemnity
You agree to indemnify and hold Foxy AI, its officers, employees, agents, and affiliates harmless from any claims, damages, or liabilities arising from your use of the platform, the content you upload, or any interactions you have with the AI. This includes ensuring that you hold the necessary rights to any images, likenesses, or content you provide for the creation of AI models.
16. Limitation of Liability
To the maximum extent permitted by law, Foxy AI shall not be liable for any incidental, special, or consequential damages, including but not limited to lost profits, data loss, or business disruption, arising out of or in connection with your use of the services, or any issues with the AI-generated outputs. Our liability in any case will be limited to the amount you paid for the services or $100, whichever is greater.
17. Governing Law and Forum Choice
These Terms and any related legal disputes shall be governed by the laws of California, without regard to its conflict of law principles. Any disputes will be resolved in the courts located in San Francisco, California.
18. Dispute Resolution (Arbitration Clause)
Any disputes related to these Terms or your use of Foxy AI’s services will be resolved through individual, binding arbitration. This applies to all claims, including those related to the AI-generated outputs and the use of your personal data. You and Foxy AI waive the right to a jury trial or participation in class actions. Claims for public injunctive relief must be pursued in court.
19. Privacy and Data Protection
By using our services, you consent to the collection, use, and storage of your personal data, including images, for the purpose of generating AI models. We will not sell your data to third parties. However, by creating and using personalized AI models, you acknowledge that your uploaded content may be used to enhance the accuracy and functionality of our services.
20. Intellectual Property
You retain ownership of the images and content you upload. However, by submitting your content, you grant Foxy AI a non-exclusive, royalty-free license to use, modify, and store your uploaded data solely for the purpose of providing the AI generation service. AI-generated outputs are owned by Foxy AI, but you are granted a non-transferable license to use them, subject to these Terms.