Terms of Service

1. Acceptance of These Terms

1.1 These Terms of Service (the "Terms") are a binding agreement between you and Company governing your access to and use of a34.ai, including our client applications, software, websites, APIs, and machine-learning models (collectively, the "Service").

1.2 By creating an account, installing the Software, or generating an image, you accept these Terms. If you do not agree to these Terms, do not access or use the Service.

1.3 Adults only. The Service is strictly for adults. You must be at least eighteen (18) years old — or older, if the age of majority where you live is higher — and legally capable of entering into a binding contract to use the Service. No tier, mode, or feature of the Service is available to anyone under eighteen (18), and the Service is not directed to minors. By using the Service, you represent and warrant that you meet this requirement. The Service offers broad creative latitude within the limits of Section 8, and Outputs are driven by your Inputs; Outputs may accordingly include mature themes and, to the extent Section 8 permits, explicit material (Section 13.3). The adults-only restriction exists precisely because of that latitude.

1.4 Age verification; misrepresentation. We may require age attestation or verification at registration or at any other time, and may suspend access pending verification. Misrepresenting your age is a material breach of these Terms. If we learn or reasonably believe that an account holder is under eighteen (18), we will terminate the account without refund and delete associated personal data as required by applicable law. To report an underage user, contact [email protected].

1.5 If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes it.

2. Definitions

2.1 "Software" means the client applications we distribute for use on your devices.

2.2 "Models" means the machine-learning models, model weights, and related systems we use or develop to provide the Service.

2.3 "Inputs" means everything you submit to the Service to produce a generation, including text prompts, tags, negative prompts, uploaded reference or base images, masks, seeds, and generation settings.

2.4 "Outputs" means the images, and associated generation metadata, produced by the Service in response to your Inputs.

2.5 "Generation Data" means, collectively, your Inputs, your Outputs, and technical metadata about each generation (such as model version, parameters, timestamps, and diagnostic logs).

2.6 "Local Storage" means storage on your own device or devices, under your control.

2.7 "Model Development Partner" means a third party with which Company jointly develops, trains, operates, or licenses Models or related technology.

2.8 "Telemetry Data" means usage, diagnostic, device, and performance data that the Software and the Service collect about your use of them — for example, feature and settings usage, session and crash logs, hardware and system information, generation frequency and outcomes, and interactions with Outputs within the Software. Telemetry Data is treated as Generation Data for purposes of Sections 4, 6, and 12.

3. The Service; Your License to Use It

3.1 Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and run the Software and to access and use the Service, for so long as your account (and any required subscription) remains in good standing.

3.2 This license covers use of the Service only. Except for the assignment of Output rights in Section 5, nothing in these Terms transfers to you any ownership of, or any other rights in, the Service, the Software, or the Models.

3.3 Updates. The Software may automatically download and install updates, including bug fixes, security patches, new features, and new or revised Models. Your continued use constitutes acceptance of such updates. Models may change over time, and Outputs from newer Models may differ from earlier ones.

3.4 We may modify, suspend, or discontinue all or part of the Service at any time. Where a change is material and adverse to you, we will provide reasonable advance notice when practicable.

3.5 Availability by jurisdiction. The Service is offered only where we choose to make it available. We may restrict or block access from any jurisdiction at any time, with or without notice, and specific features may be unavailable or subject to additional restrictions in particular jurisdictions. You may not use a VPN, proxy, or other means to circumvent geographic restrictions.

4. Local-Only Storage of Your Images

4.1 Your library is local. Outputs are delivered to and saved on your device. We do not provide a cloud gallery, hosted image library, or remote storage of your Outputs for your later retrieval, and we have no obligation to maintain, back up, or re-deliver any Output after it has been delivered to your device.

4.2 Backups are your responsibility. Uninstalling the Software, clearing its data, or losing or resetting your device may permanently destroy your local copies of Outputs. We cannot recover them for you.

4.3 Server-side processing, telemetry, and retention. Generating an image requires transmitting your Inputs to our servers, where the Output is produced before delivery to your device, and the Software collects and transmits Telemetry Data to us on an ongoing basis. As described in Section 6 and in our Privacy Policy, we retain copies of Generation Data and Telemetry Data on our systems for the purposes stated there, including training and improving Models developed by us alone and with our Model Development Partners. "Local-only" describes where your usable image library lives; it is not a representation that Generation Data or Telemetry Data never transits or persists on our infrastructure.

5. Ownership of Outputs; Your Commercial Rights

5.1 Subscribers own their Outputs. As between you and Company, you own all right, title, and interest in and to Outputs you generate while you hold an active paid subscription ("Subscription Outputs"), effective upon generation, and that ownership persists after your subscription ends. We claim no ownership of Subscription Outputs.

5.2 Assignment. To the extent Company holds or acquires any right, title, or interest in or to any of your Subscription Outputs under applicable law, Company hereby irrevocably assigns all such right, title, and interest to you, effective upon generation, with no further action or payment required by either party.

5.3 Commercial use; non-subscriber license. You may use, reproduce, modify, distribute, display, sell, license, and otherwise exploit your Subscription Outputs for any lawful purpose, commercial or non-commercial, without royalty, revenue share, attribution, or further permission from us — including prints, merchandise, publications, games, marketing, and incorporation into other works, products, and services — except as provided in Section 8.2(f) (no model training). Outputs generated without an active paid subscription remain the property of Company; for those Outputs, we grant you a personal, non-exclusive, non-transferable, revocable license to use them for lawful, non-commercial purposes, subject to these Terms (including Section 8.2(f)).

5.4 Inherent limits on what we can give you. Your rights under this Section are subject to the following limits, which exist as a matter of law and of how generative systems work, regardless of anything granted above:

(a) No exclusivity. Generative models can and do produce identical or substantially similar images for different users, particularly from similar Inputs. Your ownership of an Output does not prevent other users from independently generating, owning, and using similar or identical images, and our assignment to you does not extend to any other user's outputs.

(b) Third-party rights. Outputs may depict characters, artworks, art styles, trademarks, or the likenesses of real people in which third parties hold rights. This is especially likely where your Inputs reference existing anime, manga, or game characters, franchises, or named artists. We convey only the rights we actually have: nothing in these Terms grants you any right in third-party intellectual property, publicity, or personality rights, and you are solely responsible for evaluating and clearing such rights before using an Output, especially commercially.

(c) Copyrightability not guaranteed. The copyright status of AI-generated images is unsettled and varies by jurisdiction; in some jurisdictions, including the United States, images generated without sufficient human authorship may not be eligible for copyright protection at all. We make no representation that any Output is original, protectable, registrable, or non-infringing.

5.5 Survival. Your ownership of Subscription Outputs already generated survives any suspension or termination of your subscription, your account, or these Terms.

5.6 Watermarks. Outputs generated using trial credits are watermarked. We may also apply watermarks or other identifying marks to other Outputs. Your rights under this Section do not include the right to remove, obscure, or alter any such mark.

6. Your License to Us; Model Training

6.1 License grant. You grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (to our affiliates, our Model Development Partners, and service providers acting on our behalf), and transferable license to host, store, cache, reproduce, modify, adapt, translate, create derivative works of, analyze, and otherwise use your Generation Data for the following purposes:

(a) operating, providing, maintaining, and securing the Service;

(b) developing, testing, evaluating, fine-tuning, and training Models and other machine-learning systems — whether developed by us alone or jointly with, or licensed to or from, our Model Development Partners, and whether deployed in this Service or in other products and services, including those of our Model Development Partners — and researching, developing, and improving current and future products and services;

(c) enforcing these Terms, detecting and preventing abuse, and complying with law; and

(d) creating aggregated or de-identified data, which we may use for any purpose.

6.2 Non-exclusive; your rights unaffected. The license in this Section is non-exclusive. It does not transfer ownership of your Subscription Outputs to us, and it does not restrict, condition, or diminish your rights under Section 5 in any way. You remain free to use your Outputs as Section 5 provides.

6.3 Training is irreversible. Machine-learning training cannot be undone on a per-item basis. You acknowledge and agree that once any Generation Data has been used to train a Model: (a) that data's contribution cannot be identified within, extracted from, or deleted from the trained Model; (b) deletion of your account or of stored Generation Data does not obligate us to retrain, modify, degrade, or discontinue any Model; and (c) trained Models, and the outputs of trained Models, do not constitute your data or personal data subject to deletion, correction, or portability requests, to the maximum extent permitted by applicable law.

6.4 Data handling; no opt-out. We do not currently offer a way to opt out of the collection and uses described in this Section; using the Service constitutes acceptance of them, and if this changes, the Privacy Policy will say so. Our retention and de-identification practices are described in the Privacy Policy.

6.5 Sharing with Model Development Partners. We may disclose Generation Data to our Model Development Partners, and permit them to use it, for the purposes described in Section 6.1, under agreements imposing confidentiality and data-protection obligations consistent with these Terms and our Privacy Policy. Our Privacy Policy identifies the recipients, or categories of recipients, of Generation Data.

6.6 Survival. The licenses in this Section survive termination of these Terms as to all Generation Data collected before termination.

6.7 Feedback. If you submit suggestions, ideas, or other feedback about the Service, we may use it without restriction, attribution, or compensation.

7. Your Inputs and Responsibilities

7.1 You retain whatever rights you hold in your Inputs, subject to the license granted in Section 6.

7.2 You represent and warrant that: (a) you own, or have all rights and permissions necessary in, your Inputs (including any uploaded reference or base images) to grant the license in Section 6; (b) your Inputs, and your intended use of the resulting Outputs, comply with these Terms and applicable law; (c) where an Input depicts an identifiable real person, you have that person's consent for your submission and intended use; and (d) you are solely responsible for any amounts owed to third parties arising from your Inputs or from your use of Outputs.

7.3 You are responsible for all activity that occurs under your account, whether or not authorized by you. Keep your credentials confidential and notify us promptly of any suspected unauthorized access.

8. Acceptable Use and Content Rules

8.1 Prohibited content. We restrict what may be created with the Service only to the extent needed to comply with law and to protect real people and the Service itself. You must not use the Service to create, attempt to create, request, upload, or distribute:

(a) Sexual or suggestive content involving minors — absolute prohibition. This applies to real minors and equally to fictional, animated, stylized, or illustrated characters who are, appear to be, are presented as, or are canonically under eighteen (18), regardless of stated ages, "aging up," artistic framing, or fictional context. There are no exceptions, and nothing in these Terms — including the lawful-expression paragraph at the end of this Section 8.1 — limits this prohibition. Federal law reaches drawn, animated, and computer-generated depictions (see, e.g., 18 U.S.C. §§ 2252A, 2256(8), 1466A). We may report violations — including the associated Inputs, Outputs, and account information — to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement, and we will permanently terminate violating accounts.

(b) Sexual or intimate imagery of an identifiable real person without that person's consent, including so-called "deepfakes," or any content intended to harass, extort, or degrade an identifiable real person.

(c) Content presented as an authentic depiction of real people or real events with intent to deceive, defraud, or materially mislead.

(d) Content that is otherwise unlawful in your jurisdiction or ours — including material that is obscene under applicable obscenity standards — or that constitutes a true threat or incitement to imminent lawless action, facilitates serious harm, or violates any third party's rights.

Beyond the restrictions stated in these Terms, we do not impose taste-, theme-, or viewpoint-based limits on lawful creative expression. That latitude is not a license or legal advice: you remain solely responsible for ensuring that everything you create with the Service, and every use you make of it, is lawful where you create and use it and consistent with the rights of others.

8.2 Prohibited conduct. You must not:

(a) reverse engineer, decompile, probe, or attempt to extract, reconstruct, or exfiltrate the Models, model weights, or training data, whether through the Software, the API, or systematic generation patterns;

(b) circumvent, disable, or interfere with content filters, safety systems, rate limits, or access controls, or assist others in doing so;

(c) access the Service by automated means except through interfaces we document and expressly permit;

(d) resell, rent, sublicense, or operate the Service for third parties, or share account credentials;

(e) disrupt, overburden, or impair the Service or its infrastructure; or

(f) use any Output — whether or not you own it — or knowingly permit or enable any third party to use any Output, to train, fine-tune, evaluate, distill, or otherwise develop any machine-learning model or dataset. Like the restriction in (a), this protects the Models; it qualifies the use rights granted in Section 5.3 and does not limit the license you grant us in Section 6.

(g) remove, obscure, alter, or circumvent any watermark or other identifying mark we apply to Outputs.

8.3 Moderation and enforcement. We use automated systems, supplemented where appropriate by human review, to screen Inputs and Outputs at generation time for violations of this Section. We may refuse or block any generation, remove or restrict features, suspend or terminate accounts, and preserve and disclose information where we believe in good faith that the law requires it or that it is necessary to protect any person. Because your Outputs are stored locally rather than hosted by us, moderation occurs at generation time; we do not browse your local library.

8.4 We may update these content rules as law, platform policies, and safety practices evolve. Material changes will be posted with a revised effective date.

8.5 Sexually explicit content. You may not use the Service to create, attempt to create, request, or distribute sexually explicit or pornographic content. This restriction applies in addition to, and independently of, Sections 8.1 through 8.4, and no other provision of these Terms depends on it.

9. Intellectual Property; Third-Party Technology

9.1 The Service, the Software, the Models, and all associated intellectual property are and remain the exclusive property of Company and its licensors. Except for the rights expressly granted to you in Section 3 and the assignment in Section 5, no license or other right is granted to you, whether by implication, estoppel, or otherwise, and we reserve all rights not expressly granted.

9.2 Our names, logos, and trademarks may not be used without our prior written consent. You are never required to credit us when using your Outputs, but you must not state or imply that Company sponsors or endorses your use of them.

9.3 Third-party technology. Portions of the Service, including certain Models and algorithms, are developed jointly with, or licensed from, third parties, including our Model Development Partners. Those parties and their licensors retain all right, title, and interest in and to their respective technology, and nothing in these Terms grants you any rights in it. Your rights in your Outputs under Section 5 do not depend on which Model produced them.

9.4 Separate services. These Terms govern only a34.ai. They do not govern, incorporate, or modify the terms of any other product or service — including any product or service offered or operated by a Model Development Partner, each of which is governed by its own terms — and your use of this Service does not create any agreement between you and any Model Development Partner. Third-party names and trademarks belong to their respective owners, and nothing in these Terms licenses you to use them.

10. Copyright Complaints

10.1 We respond to notices of claimed infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) and analogous laws. Notices should be sent to: Phantasm Games, LLC, Attn: Copyright Notices, [email protected].

10.2 Because Outputs reside on users' devices rather than on systems we host, hosting-based takedown procedures generally apply only to material we actually host (for example, our websites or any sharing feature we may later offer). We may nonetheless act on credible complaints by restricting prompts, Models, features, or accounts, and we maintain a policy of terminating repeat infringers where applicable.

11. Subscriptions, Credits, and Payment

11.1 Paid plans. The Service is offered through paid subscription tiers, and additional generation capacity is available as credit top-ups. Prices, included allowances, billing intervals, and renewal terms are presented at the point of purchase and are processed by our third-party payment processor, whose own terms also apply to the transaction.

11.2 Renewal and cancellation. Subscriptions renew automatically until cancelled. Cancel before your renewal date to avoid the next charge; your access — including the subscription benefits described in Section 5 — continues through the end of the period already paid. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.

11.3 Credits. Credits are prepaid usage allowances, consumed at the rates displayed in the Service (which may vary by model, resolution, and settings, and which we may change prospectively). Credits are licensed, not sold: they are not money, property, or a stored-value account, have no cash value, are non-transferable, and may be used only within the Service.

11.4 Credit expiration. Unless we state otherwise at the time of purchase or grant, credits expire as follows: (a) subscription allowance credits expire at the end of the billing period in which they are granted and do not roll over; (b) purchased credit top-ups expire sixty (60) days from the date of purchase; and (c) credits granted at no charge, including promotional, referral, and trial credits, expire thirty (30) days from the date of grant. Except for trial credits granted at registration, an active paid subscription is required to use credits. Where you hold more than one credit balance, credits are consumed in order of soonest expiration first. We may change these expiration periods prospectively on notice; any change applies only to credits granted or purchased after its effective date and will not shorten the expiration period of credits you already hold.

11.5 No refunds. Except where required by applicable law or expressly stated by us at purchase, all payments — including subscription fees and credit purchases — are final and non-refundable, including for partially used periods and unused credits, and including upon suspension or termination of your account under Section 16.

11.6 Taxes. Prices exclude taxes, which will be added where applicable and are your responsibility.

11.7 Price changes. We may change subscription pricing and credit rates prospectively with reasonable notice; subscription price changes take effect at your next renewal.

12. Privacy

12.1 Our Privacy Policy, available at a34.ai/privacy, describes what we collect and how we use, retain, and share it — including our collection and retention of Generation Data, and its sharing with Model Development Partners, for the purposes described in Section 6 — and explains rights that may be available to you under applicable law (for example, the California CCPA/CPRA). The Privacy Policy is incorporated into these Terms by reference. If the Privacy Policy and these Terms conflict with respect to personal data, the Privacy Policy controls.

13. Disclaimers

13.1 THE SERVICE, THE SOFTWARE, THE MODELS, AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

13.2 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY OUTPUT WILL BE UNIQUE, ORIGINAL, COPYRIGHTABLE, NON-INFRINGING, ACCURATE, OR FIT FOR ANY PURPOSE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF OUTPUTS, INCLUDING ANY COMMERCIAL USE, IS AT YOUR SOLE RISK.

13.3 Mature and unexpected content. Generative models are probabilistic and respond to your direction. Outputs may include mature, explicit, offensive, or disturbing material, whether or not you intended it, and an Output may differ materially from what you expected. You assume sole responsibility for the Inputs you submit, for viewing the resulting Outputs, and for any use or distribution of them, consistent with Section 8 and applicable law. This is among the reasons the Service is restricted to adults (Section 1.3). Please report any Output that appears to violate Section 8.1 to [email protected].

13.4 Some jurisdictions do not permit certain warranty disclaimers; where that is the case, the above disclaimers apply to the maximum extent permitted.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY (NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

14.3 BECAUSE OUTPUTS ARE STORED ONLY ON YOUR DEVICES, WE ARE NOT LIABLE FOR ANY LOSS OF, DAMAGE TO, OR INABILITY TO RECOVER OUTPUTS IN LOCAL STORAGE.

14.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including, where applicable, liability for fraud or for death or personal injury caused by negligence.

15. Indemnification

You will defend, indemnify, and hold harmless Company and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Inputs; (b) your use, distribution, publication, or commercial exploitation of Outputs, including any claim that an Output infringes or violates a third party's intellectual property, publicity, personality, or privacy rights; (c) your breach of these Terms or of any representation or warranty in them; or (d) your violation of applicable law. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

16. Term; Suspension; Termination

16.1 These Terms take effect when you first accept them or use the Service, and continue until terminated.

16.2 By you. You may terminate at any time by closing your account and ceasing all use of the Service.

16.3 By us. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for actual or suspected breach, abuse, non-payment, or legal or safety risk. No refund or credit is owed upon suspension or termination (Section 11.5), except where applicable law requires otherwise.

16.4 Effect of termination. Upon any termination: (a) your ownership of Subscription Outputs already generated is unaffected and your local copies remain on your device, and the personal-use license to any other Outputs continues unless we terminated for your breach; (b) the license in Section 6 survives as to all Generation Data collected before termination; and (c) Sections 5, 6, 7.2, 9, 10, 13, 14, 15, 16.4, 17, and 18 survive.

17. Governing Law; Dispute Resolution

17.1 These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, except where preempted by applicable federal law.

17.2 Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Laramie County, Wyoming, and each party consents to personal jurisdiction and venue there. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17.3 If you are a consumer in a jurisdiction that grants you mandatory rights or a mandatory venue, nothing in this Section deprives you of them.

18. General Provisions

18.1 Entire agreement. These Terms, together with the Privacy Policy and any policies expressly referenced in them, are the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous agreements on that subject.

18.2 Changes to these Terms. We may update these Terms from time to time. For material changes, we will provide advance notice (for example, in-app or by email) together with the new effective date. Your continued use of the Service after the effective date constitutes acceptance; if you do not agree, you must stop using the Service before the changes take effect.

18.3 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

18.4 Severability; waiver. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain in effect. A failure to enforce any provision is not a waiver of it.

18.5 Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, utility or internet failures, or infrastructure outages.

18.6 Export and sanctions. You may not use the Service in violation of applicable export-control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or on any restricted-party list.

18.7 Notices. We may provide notices in-app, by email to the address on your account, or by posting to our website. Legal notices to Company must be sent to [email protected].

19. Contact

Phantasm Games, LLC — [email protected] (all inquiries, including legal notices and copyright complaints).