Terms of Service

Last updated on: 24/10/2024

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS BEFORE USING OUR PLATFORM. BY USING OUR PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE.

1. Introduction

These terms of service govern the access and use of the AI Image Generation Platform (hereinafter the “Platform”) and the services we offer on the Platform. The Platform is designed and operated by Undresso Media Group SRL, located at Piata PRESEI LIBERE, Nr 1, Bl Casa Presei Libere, Et 1, Ap corp A3, Bucharest, Romania, with registration number J40/21243/25.10.2022 and VAT number RO 47067783 (“we”, “us” or “our”).

If you are accepting these Terms of Service and using the Platform and services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms of Service, in which case the words “you” and “your” as used in these Terms of Service shall refer to such entity.

If you do not agree with any of the provisions set below, you should not use, and you are not authorized to use, the Platform or any of the services available on the Platform.

We reserve the right to modify, change, and update these Terms of Service at any time. All changes are effective immediately. We do not guarantee that you can be notified regarding such changes; therefore, it is your sole responsibility to stay updated on any changes we may implement to these Terms of Service.

Such changes will only affect the relationship with you for the future. The continued use of the Platform will signify your acceptance of the revised Terms of Service. If you do not wish to be bound by the changes, you must stop using the Platform. If required by applicable law, we will specify the date by which the modified Terms of Service will enter into force.

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect. Any failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

In order to address a question, to resolve a complaint regarding the use of the Platform or the services, or to receive further information regarding the services, please contact us via e-mail at support@seduced.ai.

2. Description of Services

Our Platform provides users with access to an advanced AI-powered image generation platform. Using the Platform, users can create a wide range of images based on custom prompts they provide. The Platform offers the following services:

• AI Image and Video Generation: Users input specific prompts, and the AI system generates unique images and videos based on these descriptions.
• Explicit or Sexual Content Generation: The Platform allows for the generation of explicit or sexual content under strict compliance with Model Verification guidelines. Users can create images intended for adult audiences, provided they adhere to the Platform's prohibited content policies.
• Custom AI Model Training: Users can upload images to train a personalized AI model that replicates specific styles, poses, or characteristics. This feature is designed for content creators and professionals seeking custom-tailored outputs. Training costs vary depending on the model complexity, and credits are required for access to this service.
• Replicate Face/Pose Feature: The Platform includes a unique deepfake-style feature that allows users to superimpose faces or poses from one image onto another, subject to model verification and legal compliance. This feature is available for professional creators, with stringent controls to prevent illegal or non-consensual uses.
• AI Model Marketplace: Contributors can put their trained AI Models up for sale in the Platform's marketplace for monetization. Users can purchase these AI Models and use them to generate content for personal use, governed by specific marketplace terms and conditions.
• Affiliate Program: Users can join the Platform's affiliate program to earn commissions by referring new users. The affiliate program allows users to earn a percentage of revenue generated from purchases made by their referrals.

3. Eligibility

To ensure the responsible use of our Platform and compliance with applicable law, you must be at least 18 years old or the age of majority in your jurisdiction to use the Platform. By accessing and using the Platform, you represent and warrant that you meet these age requirements. Moreover, you acknowledge that false statements regarding age will result in account suspension and potential legal consequences. We reserve the right to deny access if adequate age verification is not provided.

4. Prohibited Content

Users are strictly prohibited from generating, uploading, or disseminating content or attempting to generate AI-generated images that violate legal, ethical, or community standards. Specifically, prohibited content includes, but is not limited to:

• Any content that violates Romanian, European Union, or international laws, including depictions of child pornography, prostitution, bestiality, necrophilia, scat, watersports, or content that incites violence, hate, or criminal activities.
• Deepfakes or any images that portray real individuals without their explicit consent, including non-consensual sexual content, harmful impersonations, or defamation.
• Content depicting extreme violence, severe beatings, murder, torture, rape, or any imagery that promotes self-harm, suicide, or endangerment of minors.
• Any content that involves minors in any explicit, abusive, or exploitative context is strictly prohibited, even in fictional or simulated forms. This includes any AI-generated content that sexualizes minors.
• Content intended to deceive, defraud, mislead, or scam users or third parties, including misinformation, false identities, or impersonation of others for malicious purposes.
• Content that infringes upon the intellectual property rights of others, including copyrighted images, trademarks, and logos, without permission from the rights holder.
• Content that promotes or incites violence or hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Content or activities aimed at disrupting the Platform and/or services or harming other users, including malware, phishing, hacking attempts, or spamming.
• Unauthorized sharing of private or personal information, including personal data, images, or sensitive information, without the explicit consent of the individual involved.

Violation of these content guidelines may result in immediate account termination, removal of content, and potential legal consequences. Users are encouraged to report prohibited content via the Platform's reporting mechanism at https://www.seduced.ai/complaints.

We will review any reports of prohibited content within 7 (seven) business days and take appropriate action, including removal of the content and possible suspension of the user account.

5. Accessing the Platform. Account Creation

To access and use the Platform, users must create an account by registering with a valid email address or through third-party services such as Google, Twitter, Reddit, or Discord. During account creation, users must provide accurate and up-to-date information. By creating an account, users:

• Must verify their identity through email confirmation or additional security measures (e.g., age verification for certain explicit content access). Any failure to complete this verification process may result in account suspension or restrictions.
• Are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their account. Sharing or transferring the account to another person is not permitted.
• Are allowed to maintain only one account. Creating multiple accounts to bypass Platform rules, restrictions, or limitations is prohibited and may result in account termination.

6. Data Protection and Privacy

Your privacy and the protection of your personal data are of utmost importance to us. We collect, process, and store your personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

For more information on how we handle your personal data, your rights regarding data access, rectification, and deletion, please refer to our full Privacy Policy.

7. Using the Platform and its Services. Subscription Plans and Pricing.

The Platform offers a variety of subscription tiers to accommodate different user needs. Each plan provides access to a specific number of credits, which can be used for generating AI images and videos.

8. Additional Features

• Credit Refill: Users can request refills based on their plan's limits.
• Credits: Credits never expire, but an active subscription is required to use them.
• Customization and Premium Features: Higher-tier plans may provide faster image generation, priority access to features, and additional customization options.
• All subscriptions are recurring, and users can cancel at any time. Upon cancellation, access to unused credits will be restricted unless a new plan is purchased.
• To create images and videos, credits are necessary. Our pricing reflects the computational resources required for their generation. We reserve the right to adjust pricing at our discretion if we identify any discrepancies in the pricing structure. Basic AI model generations start at 0.9 credits, while HD model generations start at 1.30 credits. Additional features or settings may incur extra charges.
• You can request a limited number of credit refills on your generations. To be eligible for this, you should not have chosen more than one extension for that specific generation and the generation must not be expanded. The Basic plan does not offer any refills, the Pro plan provides up to 30 refills, the Platinum plan offers up to 75 refills, Diamond provides up to 750 refills.
• You have the freedom to cancel your subscription to the Platform anytime. You can cancel your subscription on the plans page at www.seduced.ai/plans. Should you not manage, you should contact CCBill or Epoch to cancel your subscription.

9. Content & AI Generation

The content generated on the Platform is predominantly dependent on the inputs (prompts) provided by the user. The Platform utilizes AI technology to generate images based on these prompts, but users should be aware of the following:

• Content Control and Limitations: The Platform cannot fully control the outcome of the generated content as it is generated by artificial intelligence. We are constantly working to improve our services, but given the probabilistic nature of machine learning, use of our services may, in some situations, result in content that does not accurately reflect the intended purpose.
• Content Quality: The quality and accuracy of generated content may differ based on the complexity of the input prompts, the AI model's capabilities, and other factors such as image resolution and customization settings.
• Non-Refundability of Used Credits: Once credits have been used to generate content, we cannot offer refunds, regardless of the output quality or accuracy. Users are encouraged to experiment with different prompts and inputs to achieve desired results.
• User Responsibility for Prompts: Users are responsible for the prompts they submit and must adhere to the Platform's guidelines regarding prohibited content.
• User License and Usage Rights: Users are granted permission to freely share and utilize the images they generate, including for commercial purposes, as long as it complies with applicable laws and regulations.

Therefore, as a user of the Platform, you understand and agree that, when using the Platform and its services, you may be exposed to content that may be inaccurate, offensive, indecent, or objectionable and that we are not responsible for screening the entire library of content. You must evaluate content for accuracy and appropriateness before using or sharing it.

We do not make any representations or warranties regarding the quality, origin, or ownership of any content found on the Platform. We will not be liable for any errors, misrepresentations, or omissions in the content, nor for the availability of the content.

10. Ownership of Content

Users retain full ownership of the images and content they generate through the Platform. This includes the right to use, share, and distribute their generated content for personal and commercial purposes, without any royalties or additional fees payable to the Platform.

Users are granted the explicit right to utilize their generated content for commercial purposes. This means users can sell, license, or distribute the content they create, as long as the use is compliant with applicable laws and does not infringe on the rights of others.

Although users own the content, the use of generated images is subject to certain restrictions. Users must follow the prohibited content guidelines herein and must ensure that the content is not used for any illegal, harmful, or malicious purposes, including, but not limited to, defamation, fraud, harassment, or violations of intellectual property or privacy laws.

If users upload their own images or content to train models or generate additional images, they must guarantee that they have the necessary rights to those images. This includes ensuring that any third-party images or materials do not infringe on copyrights, trademarks, or other proprietary rights.

By generating content on the Platform, users grant us a non-exclusive, royalty-free license to store, display, and distribute the content for the purpose of providing the service. This license is limited to the operation of the Platform and does not grant us ownership of the content.

We reserve the right to review, remove, or restrict access to any user-generated content that violates the Terms of service, infringes upon third-party rights, or poses legal risks.

Users agree to indemnify us and hold us harmless for any claims arising from the improper use of copyrighted or proprietary content. This includes any legal actions related to the unauthorized use of third-party images or content uploaded by users.

Users who sell or distribute their generated content must ensure compliance with the laws governing the use and transfer of intellectual property. Any agreements entered into with third parties regarding the use of the content are the sole responsibility of the user.

11. Marketing and Promotional Use of Content

By using the Platform, you agree that any content you create, upload, or generate using the Platform's services, including but not limited to AI-generated images, videos, and AI-trained models, may be used by us for marketing, promotional, and advertising purposes. This includes displaying your content on the Platform's website, social media channels, and in other marketing materials, without any additional compensation or prior notice to you.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and publicly display such content for the purpose of promoting the Platform and its services. This license does not grant us ownership of your content, and you retain all other rights to your content as specified in these terms.

If you do not wish for your content to be used for marketing and promotional purposes, please notify us in writing at support@seduced.ai, and we will cease such use for future content upon confirmation of your request. This cessation will not affect the prior or existing use of your content, provided that such use does not infringe on your rights.

12. Replicate Character

The 'Replicate character' feature available through our Platform allows users to replicate the face of saved characters on the Platform. The feature is only available with 'base' models and is not compatible with 'HD' models. The feature is only available for image generation.

13. Replicate Face/Pose

The 'Replicate face' feature available through our Platform allows users to create digital content by superimposing a face from one image onto another. This feature is intended for use by adult content creators, photographers, and individuals who have obtained proper consent for the creation and distribution of deepfakes.

The feature is only available with 'base' models and is not compatible with 'HD' models. To access this feature, you must have paid for the premium plan using Cryptocurrency or Epoch, and it requires model verification or proof that the image is AI-generated or not authentic. Deepfake images cannot be used for face replication unless the deepfaked individual is the same that has gone through model verification.

Users of the feature must adhere to all applicable laws, regulations, and ethical standards while using the feature. The feature is intended for lawful and ethical purposes only.

You expressly acknowledge that the creation of non-consensual, harmful, or malicious deepfakes is strictly prohibited. This includes generating content that may violate an individual's privacy, cause harm, defame, harass, or infringe upon intellectual property rights without proper authorization.

By using the feature, you warrant and represent that you either: a) are the person depicted in the generated deepfake, and you consent to its creation and distribution; or b) have obtained explicit and legally valid consent from the individual(s) depicted in the generated deepfake.

You are solely responsible for ensuring that you have the necessary rights and permissions to use the images and elements involved in the deepfake creation process.

If you encounter content generated using our feature that you believe violates these Terms of Service, infringes upon rights, or is otherwise inappropriate or harmful, please report it to us by contacting us at support@seduced.ai.

14. AI Model Trainer

The AI Model Trainer feature allows users to train an AI model designed to replicate and clone the physical characteristics of the subject depicted in the submitted images. This feature requires model verification (as per below) and an active subscription. Currently, training an AI model costs between 60 to 65 USD (for base model and HD model training, respectively), billed through our USD credit system. USD credits directly correspond to their USD value, excluding VAT for EU customers. These credits are non-refundable, except in cases where we are unable to provide the intended service (the training process) in its entirety.

By using this feature, you acknowledge:

• The results are heavily dependent on the quality and nature of the images you upload for training. We have no control over the final output and cannot guarantee specific results.
• You must not use this feature in breach of the prohibited content guidelines herein.
• You understand that base models can only be used in conjunction with other base models, and HD models can only be used with other HD models.
• At present, the AI Model Trainer can only be used for image generation.
• By using this feature, you warrant and represent that the uploaded images depict the person who has undergone model verification.
• You are solely responsible for ensuring that you have the necessary rights and permissions to use the images and elements involved in AI model training.
• If you purchase 'insurance' for 15 USD credits, you can replace the existing model with a new one trained from scratch.

If you encounter content generated using our feature that you believe violates these terms, infringes upon rights, or is otherwise inappropriate or harmful, please report it to us at support@seduced.ai.

15. Model Verification

Model Verification ensures the legitimacy of your request to use the 'AI Model Trainer' and 'Replicate face/pose' features and confirms your consent. By submitting a Model Verification request, you affirm that:

• The information and data provided are accurate and not falsified.
• You consent to the use of our servers to generate AI images that emulate the facial features of the individual depicted in the identification and selfie consent images.
• You understand that making the content public may result in others viewing it.
• If you are not the individual depicted in the image, you have obtained valid consent to request model verification on their behalf.
• You consent to be depicted in the content.
• If you sign our commercial/public model release, you consent to the public distribution of the content, its upload on our Platform, and the marketing of any outputs generated by the training.
• If you sign our private model release, the content will remain private to you and will not be made public on our Platform.
• If the content is made public or available for download by other users, you consent to the content being downloaded.
• You acknowledge that you can remove your information by visiting the model verification page and clicking 'remove verification'. Doing so will result in the loss of access to your trained models, the ability to train additional models, and the use of the 'Replicate face/pose' feature.

16. AI Model Marketplace

AI Model Marketplace is a feature that allows contributors to publish their trained AI models on the Platform's marketplace for monetization under the terms and conditions of the Contributor Terms. This marketplace provides an opportunity for other users to purchase subscriptions to the creators of these AI models and use them to generate content for personal purposes, under the respective marketplace terms.

17. Affiliate Program

Affiliates are provided with a compelling opportunity to earn a substantial 20% commission on revenue generated from user purchases within our platform. This commission is calculated based on the total revenue received, after deducting payment gateway fees. The payment gateway fees typically vary between 8% and 16%, contingent upon whether users completed their purchases using CCBill or Epoch payment methods. It is essential to bear in mind that affiliate commissions are not applicable to refunds or chargebacks.

To initiate the withdrawal of your funds, please send us an invoice specifying the service, such as 'affiliate marketing fees'. Ensure the invoice includes our company details and VAT ID. Payment can be issued via SEPA/IBAN or PayPal, excluding transaction fees associated with the transfer. Please note that if your withdrawable earnings exceed 150$ and you do not submit an invoice to support@seduced.ai within the end of the year, the accumulated funds will be forfeited and cannot be withdrawn.

18. Limitation of Liability

We strive to provide a seamless and efficient AI image generation experience. However, due to various factors such as server load, maintenance, or technical issues, the performance of the image generation process may occasionally be delayed or slowed down. You acknowledge and agree that we shall not be liable for any delays or reduced performance during the image generation process.

To the maximum extent permitted by applicable law, in no event shall Undresso Media Group SRL, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use the services, the content, the features and/or the Platform.

19. Indemnification

Without prejudice to other indemnification rights herein, you agree to defend, indemnify and hold us harmless, our affiliates, licensors, and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of:

• Your use of and access to the Platform, including your misuse of the services or the use of any data or content transmitted or received by you;
• Your violation of these Terms of service, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms of service;
• Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• Your violation of any statutory law, rule, or regulation;
• Any content that is submitted from your user account, including third-party access with user's unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User's willful misconduct; or
• Statutory provision by user or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

20. Refund Policy

No Refunds for Slow Image Generation: The image generation process's speed and priority depend on the user's plan, and it is subject to the queue system. We cannot guarantee the specific time it takes to generate images for individual users based on their chosen plan. Therefore, we do not offer refunds if the image generation is slower than expected.

No Refunds for Unmet Expectations: The images generated by the App are fully AI-generated and rely on the data provided and the AI model's capabilities. While we aim to provide satisfactory results, we cannot guarantee that the images will meet all user expectations or preferences. As such, we do not offer refunds based on the images not turning out as the user expects or wishes.

No Refunds after Terms of Service Violations: If we discover you violated these terms, you lose your right of withdrawal.

Refund Eligibility: Refunds will only be considered under the following circumstances:

• Applicable statutory consumer protection laws mandate a refund.
• We fail to provide the service entirely, and the user is unable to use the service for its intended purpose.
• Double billing or overcharging due to a technical error on our part.
• The user has not consumed any credits provided to him and has not browsed the discovery section.
• The user has not uploaded any images to the platform that require manual review by our moderation team to ensure compliance.

After 14 days from the date of purchase or renewal, your right to withdraw will automatically expire, regardless of whether you have used any credits or accessed our content.

You acknowledge that any chargeback associated with your account will result in its immediate termination.

21. Compliance Policy

Users can report any potentially problematic or prohibited content they come across on our Platform. We provide a convenient reporting mechanism to ensure easy reporting of such content.

Once a reported complaint is received, our dedicated team will promptly review it within 7 (seven) business days. We take every reported complaint seriously and strive to resolve them in a fair and timely manner. Our investigations into reported complaints may result in the deletion of content that violates our Terms of service. We take appropriate actions to address such violations, including termination of user accounts for repeated generation of illegal content or bypassing our filters.

22. Appeal Process:

• Appeal Submission: To initiate an appeal, you must submit via email a written appeal to support@seduced.ai explaining the reasons why you believe the decision made on your reported complaint was incorrect or unjustified. This appeal should clearly state your case and provide any supporting evidence or relevant information.
• Appeal Review: Once we receive your appeal, our dedicated team will promptly review it within 7 business days. We will conduct a thorough reevaluation of the reported content and the initial decision made. Our goal is to ensure that all appeals are given fair consideration.
• Appeal Outcome: Following the review of your appeal, we will communicate the outcome to you within 7 business days. There are three possible outcomes:
• Upheld: If we determine that the initial decision made on your reported content was accurate and in compliance with our terms of service, the decision will be upheld, and the content will remain deleted or action taken against your account will be maintained.
• Overturned: If we find that the initial decision was incorrect or unjustified, we will overturn the decision. The reported content will be restored if it was deleted, and any action taken against your account will be reversed.
• Partial Overturn: In some cases, we may determine that the initial decision was partially incorrect or unjustified. In such situations, we will take appropriate measures to rectify the situation, which may include restoring some or all of the reported content or modifying the action taken against your account.
• Final Decision: The decision made during the appeal process will be considered final. We strive to provide fair and accurate outcomes, but it's important to note that our decisions are based on our interpretation of our terms of service and platform guidelines.

23. Applicable Law and Dispute Resolution

These Terms of service will be governed by and construed in accordance with the laws of Romania, and the courts of Romania, Bucharest, District 1 will have exclusive jurisdiction over any claim or dispute arising under or in connection with the usage of the Platform and services or these Terms of service.

By using the Platform, you agree to resolve any disputes with us individually. You waive any right to participate in a collective, class, or representative action, whether in litigation or arbitration. Any claim or dispute arising between you and the Platform must be brought on an individual basis, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Although the Platform and its services may be available and accessible in other jurisdictions, each user hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over the jurisdiction mentioned above.

However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of service in your country of residence or any other relevant country. By accessing the Platform, you waive any and all objections regarding the applicable law and jurisdiction.

24. Intellectual Property

The architecture of the Platform, its graphics, user interfaces, visual interfaces, symbols and representations, logos, artwork, and computer code provided on the Platform belongs to Undresso Media Group SRL or its licensors and is protected by copyright, patent, and trademark laws, intellectual property law.

The Platform in whole or in part may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, application, or other medium for publication or distribution for any commercial purpose, without our express prior written consent.

The Platform incorporates artificial intelligence (AI) functions that generate the content as described in these Terms of service. By using the Platform and its services, you understand and agree that content generated within the Platform are the result of complex algorithms owned and operated by us.

We reserve the exclusive right to sell, license, or otherwise commercialize any aspect of the AI functions producing such content. You agree not to assert any intellectual property rights over the Platform against us or any third party licensed by us.

You acknowledge and agree that the Platform may not be used to infringe upon the rights of others, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. We reserve the right to remove or disable access to the Platform, services, or any content that is found to be in violation of these Terms of service or any third-party rights.

Any and all applicable statutory limitation or exception to copyright shall stay unaffected.

25. Termination of Access

We shall have the right at any time to change or discontinue any or all aspects or features of the Platform or of certain services. We reserve the right to suspend or terminate your access to any feature, the Platform, or any other services provided by us, with or without notice, if we determine, in our sole discretion, that you have violated these Terms of Service, or for any other legitimate reason, at our sole discretion.