Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Floniks website and AI-powered creative services (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.

1. Eligibility & Accounts

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Service. You are responsible for the activity that occurs under your account and for keeping your credentials secure. You agree to provide accurate information and to keep it up to date.

2. Acceptable Use

You agree not to use the Service to:

• Create or distribute content that is unlawful, infringing, defamatory, or harmful;
• Generate content depicting minors inappropriately, non-consensual intimate imagery, or other prohibited material;
• Infringe the intellectual property, privacy, or publicity rights of others;
• Attempt to disrupt, reverse engineer, or gain unauthorized access to the Service or its systems;
• Resell or abuse the Service, including automated scraping beyond permitted API usage.

3. Your Content

You retain ownership of the inputs you submit (“Input”). You grant Floniks a worldwide, non-exclusive license to host, process, and transmit your Input solely to operate and provide the Service. You are responsible for ensuring you have the rights necessary to submit your Input.

4. Generated Output

Subject to these Terms and your compliance with them, you own the outputs you generate using the Service (“Output”), to the extent permitted by applicable law and the terms of the underlying AI model providers. Because AI systems may produce similar outputs for different users, we cannot guarantee that Output is unique. You are responsible for how you use your Output.

5. Credits, Subscriptions & Billing

• Certain features consume credits or require a paid subscription. Pricing is described on our Pricing page.
• Payments are processed by Stripe. Subscriptions renew automatically until cancelled.
• Except where required by law, fees and consumed credits are non-refundable.
• We may change pricing or credit allocations prospectively, with notice where required.

6. Intellectual Property

The Service, including its software, design, and trademarks, is owned by Floniks and its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding.

7. Third-Party Services

The Service integrates with third-party providers (for example, payment, storage, and AI model providers). Your use of those services may be subject to their own terms, and we are not responsible for their acts or omissions.

8. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that Output will meet your expectations.

9. Limitation of Liability

To the maximum extent permitted by law, Floniks will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill arising from your use of the Service. Our aggregate liability will not exceed the amount you paid us in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify and hold Floniks harmless from any claims, damages, or expenses arising out of your Input, your Output, or your violation of these Terms or applicable law.

11. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or to protect the Service. You may stop using the Service and close your account at any time.

12. Changes to These Terms

We may modify these Terms from time to time. We will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by applicable law without regard to conflict-of-law principles. Any disputes will be resolved in the courts of competent jurisdiction, except where prohibited by local law.