ArtFire Terms of Service

1. Using ArtFire

1.1 The Service

ArtFire is a platform that provides AI-powered image generation, video generation, editing, upscaling, and creative workflow tools. You must be at least 18 years old to use ArtFire. If you are under 18, you may not use the Services.

1.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or business purposes.

1.3 Service Changes and Updates

We may update, modify, limit, suspend, or discontinue any part of the Services at any time. We will try to provide notice of material changes that adversely affect you when practical.

1.4 Availability

The Services are provided "as is" and "as available." We strive for reliability, but we do not guarantee uninterrupted access. Some Services may depend on third-party providers, applications, models, APIs, websites, or infrastructure that we do not control.

1.5 Changes to These Terms

We may change these Terms from time to time by updating the "Last Updated" date and posting the revised Terms. Your continued use of the Services after changes take effect means you agree to the revised Terms. If you do not agree, you must stop using the Services.

2. Accounts

2.1 Creating an Account

An account may be required to access generation, editing, posting, library, billing, and subscriber features. When you create an account, you must provide accurate, complete, and current information, keep your information up to date, choose credentials you have the right to use, not impersonate others, and be at least 18 years old.

2.2 Third-Party Account Access

You may be able to access the Services using credentials from third-party services such as Google or other identity providers. By doing so, you permit us to access information from that account as allowed by your privacy settings and the applicable provider.

2.3 Account Security

You are responsible for keeping your account credentials secure, not sharing your account, and all activities that occur under your account. Notify us immediately at support@artfire.ai if you suspect unauthorized use of your account.

2.4 Account Restrictions

You may not create an account using false information, create an account for someone else without permission, maintain multiple accounts to evade restrictions, or create a new account after we have terminated your account.

2.5 Account Termination

We may suspend or terminate your account at any time if you violate these Terms, misuse the Services, create risk for ArtFire or other users, or where required by law. If your account is terminated, you may lose access to the Services and your data, and we have no obligation to store or return your data except as required by law.

3. Purchases, Subscriptions, and Credits

3.1 Membership Services and Credits

Purchases and subscriptions may provide credits, premium features, higher usage limits, advanced tools, commercial-use permissions, or other membership services. Credits are virtual units used only inside ArtFire.

3.2 Credit Rules

Credits may only be used for eligible ArtFire generation or processing features. Credits are not redeemable for cash, may not be transferred unless we expressly allow it, and may expire, reset, or become unavailable after cancellation, termination, or the end of a subscription period.

3.3 Payment Processing

We may use Stripe, Inc. or another payment processor. By making purchases, you agree to provide accurate payment information, authorize charges to your selected payment method, and comply with the applicable processor terms and policies. We are not responsible for errors or issues caused by a payment processor.

3.4 Billing and Charges

Prices are listed in U.S. Dollars unless otherwise stated and may not include taxes. You must pay all fees when due. If a payment fails, we may suspend or terminate paid features. You must promptly update your payment information when it changes.

3.5 Subscription Auto-Renewal

Unless you cancel before the end of your current billing period, subscriptions automatically renew for successive periods at the then-current rate. You can cancel through your account billing settings or by contacting support@artfire.ai.

3.6 Cancellation and Refunds

All purchases are non-refundable unless required by law or expressly stated by ArtFire. If you cancel a subscription, it remains active until the end of the current paid billing period. We do not provide prorated refunds for unused time or unused credits unless required by law.

3.7 Pricing Changes

We may change pricing at any time. If a pricing change affects an active subscription, we will make reasonable efforts to notify you. If you do not agree to the change, you may cancel your subscription.

4. Generated Images, Videos, and Ownership

4.1 Ownership of Generated Output

ArtFire does not claim ownership of images, videos, or other creative outputs you generate through the Services. Subject to these Terms, applicable law, third-party model terms, and your subscription level, you may use outputs you generate for personal or commercial purposes, subject to these Terms, applicable law, and third-party model terms.

4.2 No Guarantees

AI output may be unpredictable and may not match your prompts, references, or expectations. We make no warranties regarding the originality, legality, quality, accuracy, usefulness, or fitness of generated output. You are solely responsible for reviewing outputs and ensuring your use complies with applicable law and third-party rights.

4.3 Restrictions on Generation

You may not attempt to generate content that is illegal, infringes intellectual property rights, depicts minors in an inappropriate manner, contains sexual exploitation, hate speech, harassment, threats, non-consensual intimate content, instructions for wrongdoing, or content that promotes violence, self-harm, discrimination, or other unlawful conduct.

4.4 Access Restrictions

You may access ArtFire generation features only through our official website, app, or approved API access. Automated access, bots, scraping, credential sharing, abuse of free trials, and attempts to circumvent security, rate limits, billing, or moderation systems are prohibited.

5. User Content and Conduct

5.1 Your Responsibilities

You are solely responsible for prompts, images, videos, files, references, messages, profile details, and other content you upload, post, share, store, or provide through the Services ("User Content"). You represent that you own or have the necessary rights to your User Content and that it complies with these Terms and applicable law.

5.2 Prohibited Content

You may not upload, share, transmit, or request content that is unlawful, harmful, fraudulent, deceptive, abusive, defamatory, obscene, sexually explicit, discriminatory, infringing, invasive of privacy, spam, malware, or otherwise objectionable. You may not use the Services to exploit or harm children in any way.

5.3 License to Your User Content

When you provide User Content through the Services, you grant ArtFire a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, process, transform, display, transmit, moderate, classify, and otherwise use your User Content as necessary to operate, improve, protect, and provide the Services.

5.4 Privacy and Data Storage

Your creations are private by default unless you publish, share, or otherwise make them available. Storage duration, availability, deletion, and recovery may vary by plan, feature, account status, and operational needs. Deletions may be final and irreversible.

5.5 Additional Restrictions

You may not reverse engineer, decompile, disrupt, overload, scrape, crawl, copy significant portions of, or interfere with the Services. You may not remove proprietary notices, bypass moderation, or use the Services to build a competing service in violation of these Terms.

5.6 Enforcement

We reserve the right, but have no obligation, to monitor, review, remove, refuse to process, or restrict User Content, and to suspend or terminate accounts that violate these Terms. Report suspected violations to support@artfire.ai.

6. Intellectual Property and Copyright

6.1 ArtFire's Rights

Except for User Content and generated outputs as described above, ArtFire and its licensors own all rights, title, and interest in the Services, including software, code, algorithms, interfaces, workflows, designs, graphics, trademarks, branding, documentation, and content. You may not remove or obscure copyright, trademark, or proprietary notices.

6.2 Copyright Policy

We respect intellectual property rights and expect users to do the same. We may respond to valid copyright infringement notices and may terminate repeat infringers where appropriate.

6.3 Filing a Copyright Infringement Notice

If you believe content on ArtFire infringes your copyright, send a notice to support@artfire.ai with your signature, identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act.

6.4 Counter-Notice Procedure

If your content was removed due to a copyright complaint and you believe it was removed by mistake or misidentification, you may send a counter-notice to support@artfire.ai with the required legal information. We may restore removed material when legally permitted unless the copyright owner files a court action.

7. Disclaimers and Limitations of Liability

7.1 Service Warranty Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, ArtFire disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, security, accuracy, reliability, and correction of errors.

7.2 AI Output Disclaimer

We make no representation or warranty regarding the originality, legality, accuracy, safety, or fitness of AI-generated images, videos, audio, text, or other outputs. You are solely responsible for your use of and reliance on generated output.

7.3 Third-Party Content Disclaimer

We are not responsible for User Content, third-party content, third-party websites, third-party applications, model providers, payment processors, or services linked to or integrated with ArtFire.

7.4 Limitation of Liability

To the fullest extent permitted by law, ArtFire will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, data, goodwill, or business; cost of substitute services; or business interruption. ArtFire's total liability will not exceed the greater of $100 or the amounts you paid to ArtFire in the 12 months preceding the claim.

7.5 Matters Beyond Our Control

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, pandemics, internet outages, cyberattacks, government actions, labor shortages, provider outages, or unavailability of third-party AI models or services.

7.6 Indemnification

You agree to indemnify, defend, and hold harmless ArtFire, its officers, directors, employees, agents, affiliates, and service providers from claims, liabilities, damages, losses, costs, and expenses arising from your use of the Services, User Content, generated outputs, violation of these Terms, violation of law, violation of third-party rights, or disputes with third parties.

8. Dispute Resolution and Arbitration

You and ArtFire agree to arbitrate any dispute, claim, or controversy arising out of or relating to your access to or use of the Services, generated outputs, these Terms, or any aspect of your relationship with ArtFire, except where arbitration is prohibited by law.

You and ArtFire agree to bring claims only on an individual basis and not as part of any class, representative, collective, consolidated, or private attorney general action. You and ArtFire waive any constitutional and statutory right to sue in court and have a trial before a judge or jury for claims subject to arbitration.

9. General Provisions

9.1 Governing Law and Venue

These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of law principles. For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in California.

9.2 Export Controls

You represent that you are not located in a U.S.-embargoed country, are not on a U.S. government list of prohibited or restricted parties, and will comply with applicable export control and sanctions laws.

9.3 Electronic Communications

You consent to receive communications from us electronically, including emails, posted notices, and in-app notifications. You agree that electronic communications satisfy any legal requirement for written communications.

9.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may freely assign these Terms. Any attempted transfer in violation of this section is null and void.

9.5 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms that apply to specific features, constitute the entire agreement between you and ArtFire regarding the Services.

9.6 Severability and Waiver

If any provision is found invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce a right or provision is not a waiver.

9.7 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, franchise, or third-party beneficiary relationship except as expressly stated.

9.8 Users Outside the U.S.

The Services are controlled and operated from the United States. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

9.9 Contact Information

For questions, complaints, or notices regarding these Terms or the Services, contact support@artfire.ai.

9.10 California Residents

Under California Civil Code Section 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by phone at (800) 952-5210.