1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Genfire.ai ("Company," "we," "us," or "our") governing your access to and use of genfire.ai and all related services, software, and applications (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

2. Eligibility

You must be at least 13 years old (or the minimum age required in your country to consent to use online services) to use the Service. If you are under 18 years old, you must have your parent or legal guardian's permission to use the Service and agree to these Terms. By using the Service, you represent and warrant that:

• You meet the minimum age requirement
• You have the legal capacity to enter into binding contracts (or have obtained necessary parental/guardian consent if required)
• You will comply with these Terms and all applicable laws
• All information you provide is accurate, current, and complete

3. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. Subscription Plans and Payment

4.1 Paid Subscriptions

We offer various subscription plans with different features and pricing. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.2 Billing and Renewal

• Subscriptions automatically renew unless canceled before the renewal date
• You will be charged at the then-current rate (we will notify you of price changes)
• Payment failures may result in service interruption or termination
• All fees are non-refundable except as required by law or stated in our refund policy

4.3 Credits

Our Service uses a credit-based system. Credits are consumed when using certain features. Monthly subscription credits expire at the end of each billing cycle and do not roll over. Purchased credit packs may have different expiration terms as specified at purchase.

4.4 Refunds

Refunds are provided at our sole discretion and typically only for technical issues preventing service use. Refunds are not provided for unused credits, dissatisfaction with generated content, or change of mind. Contact hello@genfire.ai for refund requests.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Generate illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or sexually explicit content, including but not limited to pornography, adult-themed material designed for sexual gratification, prostitution-related content, escorts, fetish services, or any mature audience content (including literature, imagery, or media) intended for sexual arousal
• Create any artificial intelligence-generated content that meets the criteria for adult content or services as described above
• Generate content depicting minors in any inappropriate, exploitative, or sexual context, including child sexual abuse material or any fictional depictions thereof
• Engage in, encourage, promote, or celebrate unlawful violence or physical harm to persons or property, or unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
• Produce or distribute illegal drugs, substances designed to mimic illegal drugs, equipment for making or using drugs, illegal weapons, explosives, dangerous materials, counterfeit goods, or any products or services that violate laws in your jurisdiction or the jurisdictions targeted by your business
• Infringe intellectual property rights, including copyrights, trademarks, patents, trade secrets, or publicity rights, or facilitate infringement through unauthorized sales or distributions
• Generate deceptive manipulated media or misleading content without proper disclosure
• Impersonate any person or entity without authorization
• Generate spam, malware, or phishing content
• Engage in fraudulent activities or money laundering
• Violate any applicable laws or regulations
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt the Service or servers
• Use automated tools to scrape or harvest data without permission
• Share your account credentials with others
• Resell or redistribute the Service without authorization

Users may not upload or generate content that uses the likeness of a real individual without that individual’s express authorization.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you create using the Service, subject to our license below. You represent and warrant that you have all necessary rights to the input content (prompts, images, videos) you provide.

6.2 License to Company

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your content solely to:

• Provide and improve the Service
• Train and improve our AI models
• Comply with legal obligations
• Enforce these Terms

6.3 Company Intellectual Property

The Service, including software, algorithms, models, design, trademarks, and content, is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without express written permission.

6.4 AI-Generated Content Ownership

Subject to payment of applicable fees and compliance with these Terms, you own the output content generated by our AI. However, due to the nature of AI, similar or identical content may be generated for other users. We make no guarantee of uniqueness.

7. Content Moderation and Removal

We reserve the right, but have no obligation, to:

• Monitor, review, and moderate content created using the Service
• Remove or refuse to generate content that violates these Terms
• Suspend or terminate accounts that violate these Terms
• Report illegal activity to law enforcement

8. Third-Party Services and Links

The Service may integrate with or link to third-party services, websites, or content. We are not responsible for third-party services, their availability, accuracy, or content. Your use of third-party services is at your own risk and subject to their terms.

9. Disclaimers and Limitations of Liability

9.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF RESULTS.

9.2 AI Limitations

AI-generated content may contain errors, inaccuracies, or inappropriate material. We do not guarantee:

• Quality, accuracy, or suitability of generated content
• That generated content will meet your requirements
• Uninterrupted or error-free service
• Security of data transmission or storage

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• SERVICE INTERRUPTIONS OR ERRORS
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• THIRD-PARTY CONDUCT OR CONTENT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.4 No Liability for User Content

You are solely responsible for your use of generated content. We are not liable for any claims, damages, or legal issues arising from your content or its use.

10. Indemnification

You agree to indemnify, defend, and hold harmless Genfire.ai, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your content or its use
• Your violation of any third-party rights
• Your violation of applicable laws

11. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended inactivity
• Abusive behavior toward our team or other users

You may cancel your subscription at any time through your account settings. Cancellation does not entitle you to refunds for unused time or credits.

Upon termination, your right to use the Service ceases immediately. We may delete your account and content without liability. Sections that by their nature should survive termination shall survive (including payment obligations, indemnification, disclaimers, and limitations of liability).

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@genfire.ai to attempt informal resolution. We will attempt to resolve disputes in good faith within 30 days.

12.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE BROUGHT INDIVIDUALLY.

12.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or violations of acceptable use policies.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

14. Export Controls

You agree to comply with all applicable export and import laws. You may not use the Service if you are located in a country subject to U.S. embargo or are on any U.S. prohibited parties list.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service. Continued use after changes constitutes acceptance. If you do not agree, you must stop using the Service and cancel your subscription.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Genfire.ai regarding the Service.

18. Contact Information

For questions regarding these Terms, contact us:

Email: hello@genfire.ai