Terms of Service

  1. You must be 18 years or older to use this service.
  2. The images generated are for personal use only.
  3. You agree not to use the service for any illegal or unethical purposes.
  4. We reserve the right to terminate your account for any violation of these terms.
  5. We are not responsible for the content generated by the AI.
  6. You understand that the AI may produce imperfect or biased results.
  7. We may update these terms at any time without notice.
  8. While in beta, subscription and coin price adjustments may be made without notice.
  9. All generations contain artificial, fake people. We do not condone the use of attempts to generate existing persons. We do not condone ANY activity involving minors. We do not condone any attempts to generate any nude content.
  10. By accepting these terms, you confirm you are the age of 18 or above.
  11. Definitions
  12. 1.1 First Party
  13. All users of the Services and first-party products have a relationship with ArchAi, a Delaware-based United States limited liability company, and these Terms are governed by the laws of Delaware, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules.
  14. 1.2 GDPR
  15. Refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  16. 1.3 Ownership
  17. You, whether a legal or physical entity, retain all rights and ownership of your Content. We do not claim any ownership rights to your Content unless you and ArchAi specifically agree in writing to transfer your ownership to ArchAi.
  18. 1.4 Content
  19. “Content” refers to the generated material that you specifically create using our Services. Your Content is wholly yours and is not representative of or affiliated with ArchAi. We do not act as a publisher or a platform to publish your Content.
  20. 1.5 Subscription-Based Services
  21. Some of our Services require regular monthly payments to access. These Services are subject to their applicable agreements and the terms outlined in the following sections.
  22. 1.6 Authorized Payment Processor
  23. We use a payment processor agent in order to process the billing intervals for our Services.
  24. 1.7 Updates to Terms
  25. Any material changes to the Terms will be notified to you, with the date of effect being announced in advance. If you do not agree to the amended Terms, you must stop using our Services.
  26. 1.8 Licensing
  27. Our Services are licensed, not sold, to you. You retain access to the Services throughout the duration of your subscription, unless these Terms are breached. We reserve the right to cancel or suspend any of the Services if the Terms are breached.
  28. 1.9 Definition of Business Day and Hours
  29. ArchAi operates from 9am to 5pm, Monday to Friday, and observes all U.S. Federal Holidays.
  30. 1.10 Charges
  31. All Subscription-Based Services provided to you are based on 30-day intervals.
  32. 1.11 Effective Date
  33. The effective date is when these Terms become operational and remain in effect until they are amended by ArchAi.
  34. 1.12 Force Majeure
  35. In no event shall ArchAi be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
  36. 1.13 Hosted Services
  37. Our Services will be made available to you via the internet according to these Terms.
  38. 2. Hosted Services
  39. 2.1 Provision of Services
  40. ArchAi shall provide to you, upon your agreement with these Terms and conditions, the Services that are publicly available. Upon payment for a Subscription-Based Service, we will provide you with necessary access to use and consume those Services.
  41. 2.2 License Grant
  42. We grant you a non-exclusive license to access our Subscription-Based Services. This license cannot be transferred, assigned, or used in any manner prohibited or restricted by these Terms. This license cannot be used for any misconduct as outlined in these Terms.
  43. 2.3 Non-Breach Conditions
  44. None of the following shall constitute a breach of the Terms:
  45. A Force Majeure Event;
  46. Technical faults or network communication errors;
  47. Faults of your computer systems or networks;
  48. Inability for you to use a normal computing system;
  49. Routine maintenance.
  50. 3. Data Protection
  51. 3.1 Compliance
  52. ArchAi will be compliant with all applicable Data Protection Laws with respect to the processing of user personal data.
  53. 4. Payments and Charges
  54. 4.1 Charges
  55. By using the Subscription-Based Services, you agree to pay ArchAi for the Services provided under this Agreement.
  56. Charges are based on stated values, exclusive of any value-added taxes or sales taxes. Applicable sales taxes and value-added taxes will be assessed by our Authorized Payment Processor. All charges are referenced in U.S. dollars.
  57. Refunds are not offered unless explicitly granted by ArchAi. If you have a Subscription-Based Service, your access remains active until the end of your subscription period. If you cancel, you will not be charged for the next billing cycle, and your access to the Subscription-Based Services will cease at the end of the current active period.
  58. 4.2 Payments
  59. ArchAi is authorized to issue billing notices for the Services' Subscriptions from time to time during the Term.
  60. You are responsible for all fees and charges, including taxes, related to your account before the end of your Services' Subscription Date. If you are enrolled through an Authorized Payment Processor's automated billing service, it is your responsibility to contact that processor to cancel your subscription, either directly or through our payment center.
  61. You must pay for your Subscription through an Authorized Payment Processor and agree to any terms and conditions they provide in order for us to receive payment. All payments must be made in U.S. dollars.
  62. If you do not pay on the date of the Subscription renewal, we reserve the right to terminate your access to the Services without any recompense for potential damages.
  63. 5. Use of Services
  64. 5.1 Subscription-Based Software License
  65. Subject to your compliance with these Terms and for the duration of your subscription, we grant you an account-exclusive license to use and access the Services provided by ArchAi. This license:
  66. Is valid as long as your subscription is active;
  67. Must be used in accordance with these Terms.
  68. Your subscription grants you access to the Services under one account, usable on any number of devices.
  69. 5.2 Authorized Users
  70. You must be 18 years or older and capable of entering a legal contract in the United States of America to use the Services.
  71. 5.3 Restrictions
  72. Unless permitted in these Terms, you must not:
  73. Host an account on a publicly available domain;
  74. Allow third parties to access your account remotely;
  75. Circumvent technological measures intended to control access to the account;
  76. Develop, distribute, or use products with the Services that circumvent technological measures protecting the Services;
  77. Rent, lease, sell, sublicense, assign, or transfer any portion of your account or your rights to the Services in your account.
  78. 5.4 Updates
  79. The Services may automatically download and install updates from ArchAi on a routine or occasional basis. These updates may include bug fixes, new features, models, and other user experience improvements. You agree to receive such updates as part of your use of the Services.
  80. 5.5 Supported Web Browsers
  81. We support the Services on Google Chrome, Firefox, Safari, and Microsoft Edge. Any other browser not expressly stated herein is not officially supported.
  82. 5.6 Login Credentials
  83. Access to ArchAi's Services requires login credentials. These credentials are not stored by us, and we bear no responsibility for storing or retrieving them if lost. You are fully responsible for securing your credentials. You agree to indemnify ArchAi from any liabilities, losses, actions, damages, or claims (including reasonable expenses and attorneys' fees) arising out of your inability to access your Content due to lost credentials.
  84. 5.7 Warranties
  85. ArchAi shall not be responsible or liable for any inaccuracies in the databases or information processed by or through the Services, nor shall it have any liability for any act or failure to act except as expressly set forth herein, unless due to gross negligence or willful misconduct. All warranties, express or implied—including without limitation any warranty of fitness for a particular purpose, merchantability, or otherwise—are disclaimed and waived.
  86. 5.8 Limitation of Liability
  87. In no event will either you or ArchAi have any liability whatsoever to the other for any indirect, special, consequential, incidental, or punitive damages, including loss of anticipated profits or revenue, even if advised of the possibility of such damages. You agree to indemnify ArchAi from all liability arising from the Services.
  88. 5.9 Feedback and Suggestions
  89. ArchAi may provide channels for you to submit feedback and suggestions about the Services. You agree that any feedback provided to ArchAi is given without any expectation of compensation or credit.
  90. 5.10 Promotions and Contests
  91. From time to time, ArchAi may run promotional offers and contests. These Terms apply to such events, and if you participate, you may be required to agree to additional terms and conditions.
  92. 5.11 Storage
  93. We allow you to back up your Content and store it locally. We recommend regularly backing up your Content. Content stored on our servers is encrypted, and you maintain the decryption key through your login credentials. If you lose your password, we cannot recover your Content stored on our servers. At the end of your subscription, we will make a reasonable effort to allow you to export your Content. This export must be completed within 45 days, after which we reserve the right to delete your Content.
  94. 6. Privacy Policy
  95. 6.1 Access to Your Content
  96. By law, we will only access your Content as needed to provide and maintain the Services for your account. Your Content may not be plainly viewed by any ArchAi agent or principle without your expressed permission. In order to perform the Services, however, we may need to access, transform, and transmit your Content between ArchAi and you.
  97. 6.2 Sharing with Other Data Collectors
  98. Unless required by applicable law, necessary to process payments, or necessary to provide the Services, we do not share your information with any third parties. If your information is disclosed to a third party, you will be notified. Your Content may be accessed by our Service providers only as needed to fulfill and provide the Services.
  99. 6.3 Security of Information
  100. Protecting user data is a top priority for ArchAi. We have enacted strict data access controls, encryption, and physical security measures to protect your information.
  101. 6.4 Storage of Information
  102. Your personal information and Content are stored on ArchAi's servers and on the servers of companies that provide data storage services to us. Your Content is encrypted while stored on our servers and storage service providers.
  103. 6.5 Logging of Requests
  104. We do not log the content of your requests without your explicit consent.
  105. 6.6 Data Subject Rights
  106. If you are under a jurisdiction that grants you rights regarding your personal information (e.g., GDPR), you may request a copy of your personal information; request corrections, deletions, or restrictions on the processing of your personal information; and request data portability. These rights may be limited, for instance when fulfilling your request would reveal another person's personal information, is infeasible, or if we are required by law to retain certain information or need it to defend our legal claims.
  107. 6.7 Data Retention
  108. We keep your data as long as you have an active account for one of our Services. If you close your account, we will begin deleting data for which we have no further business justification. Under the GDPR or similar regulations, if you request to be forgotten, or voluntarily wish to have your account data removed, we will process your request as soon as possible. This decision cannot be rescinded once completed.
  109. 6.8 GDPR AI Data and Content
  110. You agree that any data you voluntarily provide to us for AI model training cannot be deleted once AI model training has started. Furthermore, you agree that you cannot exercise the right to be forgotten on data produced by the AI.
  111. 6.9 Policy Updates
  112. We may update this Privacy Policy over time to reflect changes in the law, in ArchAi's business practices, in new technologies, or for other reasons. You will be notified 30 days in advance of any material changes. The "last updated" date of this policy will reflect the latest revision.
  113. 7. License Term
  114. 7.1 Access and Use
  115. Under compliance with the Terms and applicable law, you may access and use the Services provided by ArchAi. Your license expires at the end of the term indicated in your Subscription order. The Services may change upon renewal and may not match the Services originally purchased. You agree your decision to use or purchase Services is not contingent on the delivery of any future functionality or features.
  116. 7.2 Intellectual Property
  117. ArchAi remains the sole owner of all rights, title, and interest in the Services. Except as stated in these Terms, we do not grant you any rights to patents, copyrights, other users' Content, trade secrets, trademarks, or any other rights regarding items within the Services. We reserve all rights not granted under these Terms.
  118. 7.3 Premature Termination
  119. Your license may be terminated prematurely if any consideration (payment) received from you is fraudulent or otherwise illegally obtained.
  120. 8. Account
  121. 8.1 Responsibility
  122. You are responsible for all activity that occurs through your account, even if said activity is without your knowledge or consent. You may not:
  123. Share your account information (except with an authorized account administrator);
  124. Use another person's account.
  125. 8.2 Account Activity
  126. You are responsible for keeping your account active. "Active" means signing in periodically to avoid disruption or loss of access to the Services or closure of your account. If you do not sign in periodically, we reserve the right to consider your account inactive, and you agree that we may close it for you.
  127. 9. Misconduct
  128. 9.1 Misuse of Services
  129. ArchAi defines misconduct of the Services to include, but not be limited to:
  130. Using the Services without, or in violation of, a written license or agreement with ArchAi;
  131. Copying, modifying, hosting, sublicensing, or reselling the Services;
  132. Enabling or allowing others to use the Services with your account information;
  133. Accessing or attempting to access the Services in an unauthorized or unsupported manner;
  134. Circumventing any restrictions put into place to prevent certain uses of the Services;
  135. Using botnets or automated systems in ways that exceed or abuse the limitations of our Services;
  136. Using the Services as a substitute for licensed professional advice (including but not limited to legal, financial, medical, or any other regulated professions);
  137. Using the Services to circumvent regulated industries such as gambling.
  138. 9.2 Account Termination
  139. We reserve the right to terminate your account if it is found to be in breach of these Terms or engaged in misconduct as defined above.
  140. 10. Termination
  141. 10.1 Termination by You
  142. You may terminate this Agreement at any time by discontinuing your use of the Services provided by ArchAi.
  143. 10.2 Termination by ArchAi
  144. We may terminate your access to the Services with or without cause, with or without notice, effective immediately.
  145. 10.3 Survivorship of Provisions
  146. Provisions in these Terms, including but not limited to ownership, warranty disclaimers, indemnity, and limitations of liability, will survive the termination of this Agreement.
  147. These Terms constitute the entire agreement between you and ArchAi regarding your use of the Services. If any portion of these Terms is held to be invalid, the remaining provisions will remain in full force and effect.