TERMS OF USE

1. Service Description

The Service enables Users to submit text, upload still images and other supported media and, through artificial-intelligence ("AI") models, generate images, short video clips, audio-enhanced videos and related outputs (the "AI-Generated Content"). Available generation tools, output formats and features may change over time.

2. Eligibility

• You must be at least 18 years old, or the age of majority in your jurisdiction if higher, and have the legal capacity to enter into these Terms.
• You affirm that you are the person depicted in every photograph or video of a real person that you upload. You must not upload media depicting any other real person, even if that person has given permission.
• Your registration and use of the Service must comply with all applicable laws and regulations.

3. User Accounts and Security

• You may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate information and promptly notify us at support@genspicy.ai of any unauthorised use of your account.

4. User Content

"User Content" means all images, data, text, audio, video and other material that you upload, transmit or otherwise make available through the Service.

4.1 Your Representations

By uploading User Content, you represent and warrant that:

• you are the sole real person depicted in the uploaded media and you own or control all rights necessary to submit the User Content;
• the User Content does not infringe, misappropriate or violate any intellectual-property, privacy, publicity or other proprietary rights; and
• the User Content complies with Section 4.3 (Prohibited Content).

4.2 Licence to Us

You grant us a limited, non-exclusive, royalty-free licence to host, store, reproduce, modify, adapt, create derivative works, including AI-Generated Content, and otherwise use User Content solely to operate and provide the Service to you and to improve our models, security, compliance and support.

4.3 Prohibited Content

You must not upload, generate or distribute through the Service any content that:

• depicts or sexualises a minor or anyone under 18;
• depicts any real person other than yourself;
• promotes violence, terrorism, self-harm or hate;
• is unlawful, defamatory, fraudulent, deceptive or otherwise objectionable;
• infringes any third-party right; or
• violates any applicable law or regulation.

NSFW or sexually explicit content featuring only yourself is permitted where it complies with these restrictions and all applicable laws. You remain fully responsible for that content and any use outside the Service.

5. AI-Generated Content

• AI-Generated Content is created algorithmically and may contain artefacts, inaccuracies or distortions. We do not guarantee that it will be accurate, realistic or fit for any particular purpose.
• AI-Generated Content may unintentionally contain sensitive or offensive material. You assume the risks arising from its use.
• Subject to your compliance with these Terms and payment of applicable fees, we assign to you all of our right, title and interest in the AI-Generated Content specifically created for you, excluding underlying software, models and third-party rights.

Your Responsibility. You are solely responsible for all AI-Generated Content created from your submissions and must ensure that your use complies with applicable laws, regulations and these Terms.

6. Intellectual-Property Rights

• All intellectual-property rights in the Site, underlying models, software, trademarks and logos remain our exclusive property or that of our licensors.
• Nothing in these Terms grants you a right to use the Genspicy name, trademarks or service marks without prior written consent.

7. Fees and Payment

If the Service offers paid tiers, credits or subscriptions, you agree to pay all fees under the pricing and billing terms displayed on the Site. Fees are non-refundable except where required by applicable law or expressly stated otherwise.

7.1 Refunds Policy

Except where a refund is required by applicable law, we do not provide refunds for:

• purchased credits, whether used or unused;
• subscription fees or other payments made to the Service; or
• credits consumed for AI-Generated Content, including where you are dissatisfied with the result or experience a technical issue.

Once credits are used to generate content, they are considered consumed and will not be restored or refunded except where required by applicable law. You acknowledge that output quality may vary and that credit consumption is final upon generation.

8. DMCA and Copyright Complaints

We respect intellectual-property rights and respond to notices of alleged infringement, including valid notices under the United States Digital Millennium Copyright Act where applicable. For copyright or takedown requests, email support@genspicy.ai with sufficient information to identify the protected work, the allegedly infringing material, your contact details and the basis of your request.

9. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ACCURATE OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENSPICY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.

11. Indemnification

You agree to indemnify, defend and hold harmless Genspicy and its affiliates, officers, directors, employees and agents from claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising from:

• your User Content;
• your use of the Service;
• your breach of these Terms; or
• your violation of any law or third-party right.

12. Termination

We may suspend or terminate your access to the Service, with or without notice, for conduct that we reasonably believe violates these Terms or is harmful to Users, Genspicy or third parties. Sections 4 through 16 survive termination to the extent their nature requires.

13. Modifications

We may revise these Terms from time to time. Material changes will be posted on this page and, where appropriate, notified to you by email or a prominent notice. By continuing to use the Service after changes take effect, you accept the revised Terms.

14. Governing Law and Dispute Resolution

These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales, without regard to conflict-of-laws principles. The parties will first attempt to resolve disputes through good-faith negotiations. If a dispute remains unresolved, the courts of England and Wales have exclusive jurisdiction, except where mandatory consumer law provides otherwise.

15. Prohibited Use - Deepfakes and Synthetic Media

You must not use or permit any third party to use the Service to create, generate, modify or distribute synthetic, manipulated or "deepfake" content depicting or simulating any identifiable real person other than yourself. This prohibition applies regardless of whether that person has purportedly given consent. You are solely responsible for claims, damages, liabilities or losses arising from a breach of this restriction.

16. Contact

Questions about these Terms may be directed to support@genspicy.ai.