Terms of Service

1. Acceptance of Terms

By accessing or using FlyAIgh ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

FlyAIgh is an AI-powered platform that provides access to multiple third-party AI models for generating images and videos. Our Service includes:

• Access to 7 AI models (4 video generation models and 3 image generation models)
• A unified credit system for purchasing and managing generation credits
• A personal library for storing and managing your generated content
• Account management and billing features

The Service acts as an aggregation platform and does not own or operate the underlying AI models. Generation results are provided by third-party AI providers.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. Credits and Payments

4.1 Credit System

Our Service uses a credit-based system. Each generation consumes credits based on the model used and generation parameters (e.g., video duration). Credit costs are clearly displayed before each generation.

4.2 Purchasing Credits

Credits can be purchased through our payment processor (Creem). All payments are processed securely, and we do not store your full payment card information. Prices are subject to change with notice.

4.3 Credit Expiration

Purchased credits do not expire as long as your account remains active. If your account is inactive for more than 12 consecutive months, we reserve the right to expire unused credits.

4.4 No Refunds for Credits

Credits are non-refundable once purchased, except as required by law or as specified in our Refund Policy. Credits consumed for successful generations are non-refundable. Credits may be refunded for failed generations at our discretion.

5. Content Ownership and License

5.1 Your Generated Content

Subject to your compliance with these Terms and payment of applicable fees, you own the images and videos you generate using the Service ("Generated Content"). You are granted a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your Generated Content for any lawful purpose, including commercial use.

5.2 Third-Party Model Terms

Generated Content is subject to the terms and conditions of the underlying AI model providers. Some models may have restrictions on commercial use or content distribution. You are responsible for reviewing and complying with the terms of the specific models you use.

5.3 Our Platform Rights

You grant us a limited license to store, display, and process your Generated Content solely for the purpose of providing the Service to you. We do not claim ownership of your Generated Content and will not use it for any other purpose without your consent.

5.4 Intellectual Property

The Service, including its design, features, software, and branding, is owned by FlyAIgh and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

6. Acceptable Use Policy

6.1 Prohibited Content

You agree not to use the Service to generate, upload, or distribute content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes on intellectual property rights, privacy rights, or other rights of any third party
• Contains child sexual abuse material (CSAM) or content that sexualizes minors
• Promotes violence, terrorism, or illegal activities
• Contains malware, viruses, or other harmful code
• Impersonates any person or entity or misrepresents your affiliation
• Contains non-consensual intimate imagery or deepfakes of real individuals
• Violates any applicable laws or regulations

6.2 Prohibited Activities

You agree not to:

• Attempt to circumvent any security features or access controls
• Use automated tools (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service or servers
• Share your account credentials with others
• Resell or redistribute credits or access to the Service
• Reverse engineer or attempt to extract source code from the Service

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Model Availability

AI models are provided by third-party providers and may become unavailable, deprecated, or replaced at any time. We reserve the right to add, remove, or modify available models without prior notice.

7.3 Service Modifications

We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

8. Disclaimers and Limitations of Liability

8.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8.2 AI-Generated Content Disclaimer

AI-generated content may contain errors, inaccuracies, or unexpected results. We do not guarantee the quality, accuracy, or suitability of Generated Content for any particular purpose. You are solely responsible for reviewing and verifying Generated Content before use.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYAIGH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless FlyAIgh and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Generated Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, you will lose access to your account and Generated Content stored in your library.

10.2 Termination by Us

We may suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service immediately ceases, and we may delete your account and Generated Content.

10.3 Effect of Termination

Unused credits are forfeited upon termination and are non-refundable, except as required by law. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

11.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that either party may seek injunctive relief in court for intellectual property infringement or violation of the Acceptable Use Policy.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and FlyAIgh individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and FlyAIgh regarding the Service.

12.2 Severability

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

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: agent@flyaigh.com
• Address: [Your Company Address]