1. Acceptance of Terms

Welcome to OpenArt AI ("Company," "we," "us," "our"). These Terms of Service (the "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and OpenArt AI regarding your access to and use of our website, mobile applications, and all related services, including our AI-powered image, video, and story generation platform (collectively, the "Service").

By accessing, browsing, or using OpenArt AI in any manner, including but not limited to creating an account, subscribing to our paid plans, generating content, or uploading files, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree to these Terms of Service, you must not access or use the Service.

Your use of the Service is also governed by our Privacy Policy, Cookie Policy, and Refund Policy. These documents are incorporated by reference and form an integral part of this Agreement.

2. Service Description

OpenArt AI is a cloud-based platform that provides users with access to advanced generative AI models for creating original content. Our Service includes:

• AI Image Generation: Create unique images from text descriptions using Google Imagen and other advanced AI models
• AI Video Generation: Generate short videos from prompts using Runware video generation technology
• AI Story Generation: Write creative stories, scripts, and narratives using Google Gemini and other language models
• Content Management: Save, organize, edit, and manage your generated creations in your personal gallery
• Community Features: Share your creations with the OpenArt AI community, view others' work, and engage through likes and comments
• Subscription Plans: Access to different tiers of service with varying credit limits, features, and capabilities

The Service is provided "as is" and "as available." We continuously improve and update the Service, which may result in changes to features, functionality, pricing, and availability. While we strive for 99.5% uptime, we cannot guarantee uninterrupted service availability.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as requested during registration
• Maintain the confidentiality of your account credentials and password
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.2 Account Requirements

You represent and warrant that:

• You are at least 18 years old (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into this Agreement
• All information provided is true, accurate, and not misleading
• You are not located in a jurisdiction that prohibits the use of AI generation tools
• You are not a resident of countries under U.S. export sanctions (OFAC list)

3.3 Account Security

You are responsible for maintaining the security of your account credentials. You acknowledge that OpenArt AI uses Firebase Authentication with industry-standard encryption. We recommend using a strong, unique password and enabling two-factor authentication if available. OpenArt AI shall not be liable for any unauthorized access to your account resulting from your failure to secure your credentials.

4. Subscription Terms and Pricing

4.1 Subscription Plans

OpenArt AI offers multiple subscription tiers, including Free, Pro, Premium, and Enterprise plans. Each plan includes a specific monthly allocation of credits that can be used to generate content. Current pricing and plan details are available on our pricing page.

4.2 Automatic Renewal

Paid subscriptions automatically renew on a monthly or annual basis (as selected) unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on the renewal date. You will receive an email reminder before each renewal.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team at support@openart-ai.com. Cancellation takes effect at the end of your current billing period. No refunds will be issued for partial months unless otherwise specified in our Refund Policy.

4.4 Free Trial

We may occasionally offer free trials. Free trial access terminates automatically after the trial period expires. If you do not cancel before the trial ends, your payment method will be charged for the selected subscription plan.

5. Payment Terms

5.1 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By providing payment information, you authorize OpenArt AI and Stripe to charge your payment method for the selected subscription or purchase. We do not store your full credit card information; this is handled securely by Stripe in compliance with PCI DSS standards.

5.2 Billing Information

You agree to provide accurate and complete billing information. If any billing information changes, you must update it in your account settings immediately. Failed payments may result in account suspension until the payment is processed successfully.

5.3 Currency and Taxes

Prices are displayed in USD. All prices exclude applicable sales taxes, VAT, GST, and other taxes, which will be added to your invoice if required by law. You are responsible for paying any applicable taxes on your purchases.

5.4 Price Changes

We may modify subscription prices at any time. Changes will take effect at your next renewal date. We will notify you of any price increases at least 30 days in advance. If you do not accept the new price, you may cancel your subscription before the increase takes effect.

5.5 Refunds

For information regarding refund eligibility, procedures, and timelines, please refer to our Refund Policy.

6. Intellectual Property Rights

6.1 OpenArt AI Intellectual Property

OpenArt AI and its licensors retain all right, title, and interest in and to the Service, including all software, code, designs, layout, graphics, database structure, documentation, and all other intellectual property contained therein. The Service is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or transmit any content from the Service without our prior written consent.

6.2 User-Generated Content Ownership

You retain all ownership rights to the prompts, text, images, and other materials you provide to the Service. However, the AI-generated content created through the Service is subject to the following:

• You retain full ownership of AI-generated content you create using OpenArt AI
• You may use the content for personal, commercial, and derivative purposes without restriction (subject to acceptable use policy)
• You may not claim that content was created by OpenArt AI or misrepresent the origin of the content
• You may not use generated content to compete with OpenArt AI or create a similar service

6.3 License Grant to OpenArt AI

By using the Service, you grant OpenArt AI a worldwide, non-exclusive, royalty-free, perpetual license to:

• Use, reproduce, modify, and display your user-generated content solely for the purpose of operating and improving the Service
• Use non-identifying prompts and metadata to train and improve our AI models and algorithms
• Create anonymized, aggregated analytics based on usage patterns

When you voluntarily share content publicly on OpenArt AI's community features, you additionally grant all other users a non-exclusive license to view, download, and be inspired by your content.

6.4 Third-Party AI Models

The Service utilizes third-party AI models, including Google Imagen, Google Gemini, and Runware. Your use of these models is subject to their respective terms of service. You acknowledge that OpenArt AI does not own or control these third-party models, and your generated content may be subject to their licensing terms.

7. Prohibited Uses and User Conduct

7.1 Prohibited Content

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

• Is illegal, unlawful, or violates any applicable laws or regulations
• Infringes on the intellectual property, privacy, publicity, or other rights of any third party
• Contains explicit sexual content, nudity, or sexually suggestive material
• Depicts graphic violence, gore, or glorifies violence
• Harasses, bullies, defames, or threatens any individual or group
• Discriminates against or promotes hate toward individuals based on protected characteristics (race, gender, religion, sexual orientation, etc.)
• Contains malware, viruses, or code designed to harm computers or systems
• Impersonates or misrepresents any person, entity, or brand
• Spreads misinformation, disinformation, or conspiracy theories
• Promotes, sells, or facilitates the sale of illegal substances or services
• Creates deepfakes or non-consensual intimate imagery of real people
• Violates the intellectual property or publicity rights of any person (e.g., generating unauthorized celebrity images)

7.2 Prohibited Activities

You agree not to engage in any of the following activities while using the Service:

• Attempting to gain unauthorized access to the Service or its systems
• Hacking, scraping, crawling, or using automated tools to extract data from the Service
• Sharing your account credentials with others or allowing unauthorized access
• Circumventing usage limits, quotas, or payment requirements
• Reverse-engineering, decompiling, or attempting to derive the source code of the Service
• Disabling or circumventing security features or restrictions
• Engaging in any form of fraud, phishing, or scamming
• Interfering with the proper functioning of the Service or its infrastructure
• Attempting to overwhelm the Service with requests (DDoS attacks)
• Violating the terms of service of any third-party AI models or services we use

7.3 Enforcement

OpenArt AI reserves the right to investigate violations of these terms and take appropriate action, including:

• Removing prohibited content
• Suspending or terminating your account
• Reporting illegal activity to law enforcement
• Pursuing legal action to recover damages

8. Termination and Account Suspension

8.1 Termination by User

You may terminate this Agreement and your account at any time by contacting support@openart-ai.com or through your account settings. Upon termination, you will lose access to the Service and any content stored in your account.

8.2 Termination by OpenArt AI

We may terminate or suspend your account and access to the Service at any time, in our sole discretion, with or without cause, including but not limited to:

• Violation of these Terms of Service
• Non-payment or failed payment attempts
• Engaging in prohibited activities or prohibited content generation
• Suspected fraud or misuse of the Service
• Legal or regulatory violations
• Threats to the security or integrity of the Service

8.3 Effects of Termination

Upon termination of your account:

• Your access to the Service will be immediately revoked
• You will lose access to your account, including saved content and gallery
• No refunds will be issued for remaining subscription time (except as provided in our Refund Policy)
• We may retain anonymized data for legal compliance, fraud prevention, and service improvement
• Your user-generated content will be deleted within 30 days unless archived for legal reasons

9. Warranties and Disclaimers

9.1 Service "As Is"

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the maximum extent permitted by law, OpenArt AI disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will meet your specific requirements
• Warranties that the Service will be uninterrupted, error-free, or virus-free
• Warranties regarding the accuracy, completeness, or reliability of generated content

9.2 AI-Generated Content Disclaimer

You acknowledge that:

• AI-generated content may contain inaccuracies, biases, or errors
• OpenArt AI does not guarantee the quality, originality, or accuracy of generated content
• Generated content should be reviewed and edited by you before use
• You are solely responsible for verifying that generated content does not infringe on third-party rights
• OpenArt AI is not responsible for any misuse of generated content

9.3 Third-Party Services Disclaimer

OpenArt AI integrates with third-party services (Google Firebase, Stripe, Google AI, Runware, etc.). We are not responsible for:

• Service interruptions or outages caused by third-party providers
• Data loss or corruption resulting from third-party services
• Privacy violations or data breaches by third-party services
• Changes to terms, pricing, or availability of third-party services

10. Limitation of Liability

10.1 Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall OpenArt AI, its officers, directors, employees, or agents be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of use, goodwill, or reputation
• Any other damages arising out of or in connection with the Service

This limitation applies regardless of the cause of action (contract, tort, negligence, strict liability, or otherwise) and even if OpenArt AI has been advised of the possibility of such damages.

10.2 Cap on Liability

Except where prohibited by law, OpenArt AI's total liability to you for any and all claims arising out of or related to the Service shall not exceed the amounts you have paid to OpenArt AI in the 12 months preceding the claim, or $100 USD, whichever is greater.

10.3 Availability Disclaimer

While we aim for high availability of the Service, we make no guarantee that the Service will be available 24/7 without interruptions. We are not liable for any service interruptions, downtime, or loss of access, except as may be required by applicable law for repeated service failures.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenArt AI, its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms of Service
• Your use of the Service
• Content you generate, upload, or share through the Service
• Your infringement of any intellectual property rights or other rights of third parties
• Any claims by third parties related to your use of generated content

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

If you have a dispute with OpenArt AI, we encourage you to contact us first at support@openart-ai.com or through our contact form. We will attempt to resolve any issues informally within 30 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

12.3 Exceptions

The following claims are exempt from arbitration:

• Small claims brought in small claims court (if eligible)
• Claims seeking injunctive or equitable relief to prevent infringement of intellectual property rights
• Claims related to payment fraud or security breaches

12.4 Costs

OpenArt AI will pay for all AAA filing fees and arbitrator fees for claims under $75,000. For claims exceeding this amount, costs will be allocated as determined by the arbitration rules.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any disputes shall be in the state and federal courts located in San Francisco County, California (except for arbitration claims, which shall be resolved through arbitration as described in Section 12).

14. Changes to These Terms

14.1 Modifications

OpenArt AI may modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Service. We will notify users of material changes via email and/or a prominent notice on our website at least 30 days in advance of the change taking effect.

14.2 Continued Use

Your continued use of the Service after any modification to these Terms constitutes your acceptance of the updated terms. If you do not agree with any changes, you may terminate your account and cease using the Service.

14.3 Last Updated

We will update the "Last Updated" date at the top of this page whenever we make material changes to these Terms of Service. We encourage you to review this page periodically to stay informed of any updates.

15. Severability and Waiver

15.1 Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the greatest extent permitted by law.

15.2 Waiver

The failure of OpenArt AI to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of OpenArt AI.

16. Entire Agreement

This Agreement, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitutes the entire agreement between you and OpenArt AI regarding your use of the Service and supersedes all prior negotiations, representations, and agreements, whether written or oral, relating to the same subject matter.

17. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service or the Service itself, please contact us:

18. Related Policies

For additional information about how we operate, please review our related policies:

• Privacy Policy - How we collect, use, and protect your personal information
• Cookie Policy - How we use cookies and tracking technologies
• Refund Policy - Subscription and payment refund terms