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GenFlex.ai Terms and Conditions

Effective: September 30, 2026

Summary

This summary highlights key points. It is not a substitute for the full Terms below, which are what bind you and us.

  • Who we are and what we do. GenFlex lets you create images and videos with AI models from several third-party providers through one interface. We choose models, adjust settings and may rewrite your prompts to get better results and apply safety rules. You must be 18 or older to use it.
  • Your content. You keep your rights in what you upload. As between you and us, you own the images and videos you generate and may use them commercially, subject to the law, these Terms and any model-specific terms. AI outputs may not be protected by copyright and may be similar to outputs generated for others.
  • Tokens. Generations use tokens. Free promotional tokens are used first, then your subscription tokens, then refill tokens. Subscription tokens expire at the end of each billing period. Refill tokens do not expire while your account is open. Tokens are not money and have no cash value.
  • Subscriptions renew automatically until you cancel. You can cancel at any time in your Account Settings; you keep access until the end of the period you have paid for.
  • Rules. Do not use GenFlex to create illegal, sexual, abusive, deceptive or infringing content, including any content involving minors or intimate images of real people without consent. We moderate prompts and outputs and may block content or suspend accounts.
  • AI limitations. Outputs can be inaccurate, unexpected or offensive. Check them before you rely on or publish them.
  • Disputes. If you live in the EU, EEA, UK or Switzerland, you can bring claims in your home courts. If you live in the United States, disputes are resolved by individual arbitration unless you opt out (Section 16).

1. About these Terms

1.1. The agreement. These Terms and Conditions (“Terms”) are a contract between you and Extramile Limited, a company incorporated in Cyprus with registration number HE445953 and registered office at 75 Prodromou Avenue, Oneworld Parkview House, 2063 Nicosia, Cyprus (“GenFlex”, “we”, “us”). They govern your use of the GenFlex.ai website, web application, mobile applications and related services (together, the “Service”). Extramile is responsible for the Service itself, including its features, the AI generation functionality, Your Content, content moderation, the Acceptable Use Policy and the performance of these Terms other than the matters in Section 1.2.

1.2. Seller of record. Depending on your location, the platform you use to access the Service, or the payment method you choose, your subscription or refill purchase may be sold to you by Fulfilling Inc., a company incorporated in Delaware, USA, with its registered office at 1007 N Orange St., 4th Floor, Suite 1382, Wilmington, DE 19801 (“Fulfilling”), as Extramile's authorised reseller and seller of record. Where this applies, Fulfilling is your contractual counterparty for the purchase and is responsible for:

  1. pricing, billing, payment collection and applicable taxes;
  2. activating your subscription and crediting purchased tokens;
  3. automatic renewals and cancellations; and
  4. refunds, withdrawals, billing enquiries, chargebacks and other payment disputes.

The seller of your purchase is shown at checkout, before you pay, and on your receipt. If Fulfilling is not named, Extramile is the seller. Purchases made through the Apple App Store or Google Play are sold by Apple or Google under Section 7.8. Extramile and Fulfilling are each responsible to you for their own obligations as described in paragraphs (a) and (b), and these Terms apply to both of them. You may contact either company about any matter, at support@genflex.ai, and we will make sure your request reaches the company responsible for it. If Fulfilling acts as seller of record, terms such as “we” and “our” referenced throughout Sections 6 through 8 and Section 16 encompass Fulfilling regarding items (a) through (d).

1.3. Other documents that form part of these Terms. The following also apply and are part of these Terms: our Acceptable Use Policy (“AUP”) and our Privacy Policy which explains how we handle personal data and is part of this contract and you should read it. Should any document inconsistency arise, these Terms shall control, provided that any higher restriction imposed by the AUP regarding permissible creations or Service utilization shall take precedence.

1.4. Acceptance. You accept these Terms when you do any of the following, whichever happens first: (a) tap or click “Continue”, “Get started” or a similar button to start or continue our onboarding questionnaire, where that button is displayed together with a notice that doing so means you accept these Terms and acknowledge our Privacy Policy; (b) create an account; or (c) make a purchase. If you do not accept these Terms, do not continue with the onboarding questionnaire and do not use the Service. Nothing in these Terms limits rights that you have as a consumer under the mandatory law of the country or state where you live. Where these Terms say “to the extent permitted by law” or “subject to your statutory rights”, this is what we mean.

2. Eligibility and accounts

2.1. Age. You must be at least 18 years old, and old enough to enter into a binding contract where you live, to use the Service. We do not knowingly allow anyone under 18 to use it. If we learn that an account belongs to someone under 18, we will close it and delete its content.

2.2. Other eligibility conditions. You may not use the Service if you are barred from doing so by law, if you are located in or ordinarily resident in a country or region subject to comprehensive sanctions by the EU, UK, UN or United States, or if you appear on a sanctions list, or if we have previously terminated your account for breach of these Terms.

2.3. Your account. You need an account to use the Service. You must give accurate information and keep it up to date. Your account is personal: do not share it, sell it or let others use it. Keep your login details secure and tell us promptly at support@genflex.ai if you think someone has accessed your account without permission. You are responsible for activity in your account unless it results from our failure to keep the Service secure.

2.4. Business use. Our standard plans are designed for individuals. If you want to use the Service on behalf of a company or other organisation, for example through a shared or team account, for use by several employees, through an API or automated integration, or at a volume beyond the limits of our standard plans, please contact us at support@genflex.ai to agree enterprise terms before you do so. Individuals, including freelancers and sole traders, may use our standard plans and may use their Outputs commercially as described in Section 4.3. If you nonetheless use a standard plan on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf; “you” then includes that organisation, and the provisions of these Terms that apply only to consumers do not apply. We may ask you to move to enterprise terms, or limit or suspend the account, if its use does not match what a standard plan is for.

3. The Service

3.1. What GenFlex does. GenFlex provides a single interface to generate images and videos using AI models developed and operated by third parties, together with templates, workflows, editing and post-processing tools and storage for your creations.

3.2. How requests are handled. When you submit a request, our systems may: (a) select the model that we consider best suited to it; (b) set or adjust generation parameters; (c) rewrite, expand or translate your prompt to improve the result or to apply our safety rules; and (d) apply post-processing such as upscaling, formatting and content marking. Where you choose a specific model or setting, we will use it unless it is unavailable or the request is blocked. As a result, the output may differ from what you expected from the wording of your prompt.

3.3. Third-party providers. Generation is performed by third-party model developers and infrastructure providers (“Providers”). We have contracts with our Providers, but we do not control how their models work. You do not have a contract with any Provider, and Providers have no obligations to you under these Terms. The Providers that may process your requests, and where, are listed in our Privacy Policy.

3.4. Changes to models and features. The Service is developing and so are the AI models it uses. We may add, update, replace or remove models, features, templates and settings, and Providers may withdraw or change their models, sometimes at short notice. We will not change the Service in a way that materially reduces what you have paid for during a paid period without good reason, such as a Provider withdrawing a model, a legal or security requirement, or a significant change in costs. If a change materially and negatively affects your paid access to the Service, we will tell you in advance where we can.

3.5. Availability. We work to keep the Service available and working properly, but we do not promise that it will be uninterrupted, error-free or available at all times, or that a particular model or feature will remain available. The Service may be unavailable for maintenance, Provider outages or events beyond our control.

3.6. Beta features. We may offer features marked as beta, preview or experimental. They may be less reliable, may change or be withdrawn at any time, and may have extra conditions, which we will strive to tell you about.

3.7. Usage limits. To keep the Service fair and reliable for everyone, we apply limits on usage, such as the number of generations per minute or per day, concurrent requests, video length, resolution and storage. We may apply temporary limits to protect the Service from abuse, fraud or technical overload (see also Section 3.8).

3.8. Storage of Your Content. We store your Outputs and saved uploads in your account so that you can access them, subject to the storage limits of your plan. The Service is not designed as a backup or archive. We may set and change reasonable limits on storage, such as file size, the number of files, total storage space, processing capacity and how long content is kept. If you reach a storage limit, you may need to delete content or upgrade your plan before saving more. We will give you notice, where we reasonably can, before deleting stored content because a limit has been reduced, your plan has changed or your account has been inactive, so that you can download it. You are responsible for keeping your own copies of any Outputs you want to keep. Except where the loss results from our breach of these Terms or our failure to use reasonable care, we are not responsible for the loss, corruption or deletion of Your Content, or for any failure to store or transmit it, including where this is caused by a Provider, a network failure or an event outside our reasonable control.

4. Your content and rights

4.1. Inputs and Outputs. “Inputs” means anything you submit to the Service, including prompts, text, images, videos, reference materials and settings. “Outputs” means the images, videos and other content that the Service generates in response to your Inputs. Inputs and Outputs together are “Your Content”.

4.2. Your Inputs. You keep all rights you have in your Inputs. You are responsible for your Inputs and confirm that you have all rights, licences and permissions needed to submit them and to let us and our Providers process them as described in these Terms. This includes the consent of any identifiable person shown in an image you upload.

4.3. Your Outputs. As between you and GenFlex, and to the extent permitted by law, you own your Outputs, and we assign to you any rights we may have in them. You may use your Outputs for any lawful purpose, including commercial purposes, provided you comply with these Terms and the AUP.

4.4. What we cannot promise. Please note that:

  1. Copyright may not apply. In many countries content generated by AI without sufficient human creative input may not be protected by copyright. We do not promise that you will be able to register or enforce copyright or other rights in any Output.
  2. Outputs are not exclusive. Because of how AI models work, the Service may generate outputs for other users that are the same as or similar to yours. Rights in your Outputs do not extend to those other outputs, and we cannot give you exclusivity. Our Service may provide incomplete, incorrect, or offensive Output that does not represent our views.
  3. Outputs may resemble existing works or people. An Output may resemble existing copyrighted works, trademarks or real people even if you did not intend it. You are responsible for checking an Output before you use it and for deciding whether your use is lawful. Any reference within an Output to external goods or services does not imply any sponsorship, endorsement or affiliation between that third party and us.

4.5. Licence to GenFlex. You grant us and our Providers a worldwide, non-exclusive, royalty-free licence to use, host, store, copy, process, adapt, transmit and display Your Content only as necessary to: (a) provide, secure and support the Service for you, including generating, storing and delivering Outputs; (b) moderate content and prevent fraud, abuse and harm; (c) comply with the law and respond to lawful requests from authorities; and (d) enforce these Terms and defend legal claims. This licence ends when Your Content is deleted from our systems, except for copies we must keep for the reasons in (b) to (d) and in our Privacy Policy.

4.6. Training and product improvement. We do not use your Inputs or Outputs to train AI models, and we require our Providers not to use them to train or improve their models, unless we clearly tell you otherwise for a specific model before you use it. We may use aggregated or de-identified information about how the Service is used (for example, which models are used, error rates and performance) to operate and improve the Service.

4.7. Content marking. Outputs may contain visible or invisible marks, metadata or content credentials (such as C2PA) identifying them as AI-generated. Do not remove, alter or hide them, or present an Output as not having been generated by AI where that would mislead others. If you publish an Output that realistically depicts a real person, place or event, you are responsible for disclosing that it is AI-generated where the law requires it.

4.8. Our rights. The Service belongs to us or our licensors and is protected by intellectual property laws. That includes our software, interface, design, templates, workflows, prompt-optimisation and model-routing logic, documentation and brand. Except for the rights expressly granted in these Terms, we do not grant you any rights in the Service. You may use the Service only as these Terms permit. We own all intellectual property rights in any developments, modifications, enhancements or improvements to the Service (“Service Developments”), including those based on your feedback or suggestions. If any rights in a Service Development would otherwise belong to you, you assign them to us, to the extent permitted by law. Service Developments do not include Your Content: you keep your rights in your Inputs and Outputs as described in Sections 4.2 and 4.3.

4.9. Anonymised usage data. We may create aggregated or anonymised statistical data from your use of the Service, for example about the features and models used, generation volumes, error rates and performance. Once anonymised, this data no longer identifies you. We own it and may use it for any purpose, including to provide and improve the Service, develop new products and services, identify trends and publish statistics. We will not publish anonymised data in a form or sample size that could identify you. Anonymised usage data does not include the content of your Inputs or Outputs.

5. Acceptable use and moderation

5.1. Using the Service lawfully and responsibly. You must use the Service in compliance with the law, these Terms and our AUP. The AUP sets out the rules in more detail; the key rules are below.

5.2. Prohibited content. You must not use the Service to create, upload, request or share content that:

  1. sexualises minors or depicts, suggests or involves child sexual abuse or exploitation in any form, including fictional, drawn, stylised or “aged-up” depictions;
  2. is sexually explicit, pornographic or nude, or is intended to be sexually arousing;
  3. depicts a real, identifiable person in an intimate, sexual or nude context, or shows them in a way that is degrading, harassing, defamatory or misleading, or without their consent where consent is required;
  4. impersonates a real person or organisation, or is designed to deceive people into believing it is authentic (for example, fake news footage, fake documents or identification, fake evidence, fraudulent advertisements or fake reviews);
  5. infringes anyone’s intellectual property, privacy, publicity or personality rights, including by reproducing protected characters, logos, brands or artworks, or by imitating the style of a named living artist where this would infringe their rights or mislead others;
  6. promotes, glorifies or supports terrorism, violent extremism, hatred or discrimination against people based on protected characteristics, or incites violence;
  7. depicts realistic graphic violence, gore, torture or cruelty to people or animals, or promotes self-harm, suicide or eating disorders;
  8. harasses, threatens, bullies or intimidates anyone;
  9. facilitates illegal activities, including fraud, scams, weapons, drug manufacture, trafficking or hacking;
  10. is intended for political campaigning, electoral manipulation or disinformation;
  11. is otherwise unlawful where you live or where you intend to use it.

5.3. Prohibited conduct. You must not:

  1. try to bypass, disable or test the limits of our safety systems, filters or content marks, including through jailbreaks, prompt injection or deliberately obfuscated prompts, except as part of a security research programme we have authorised in writing;
  2. reverse engineer, decompile or attempt to extract the source code, model weights, system prompts or training data of the Service or any model;
  3. use the Service, or Outputs, to build or train a competing AI generation service, or to develop AI models, except for your own models trained on your own Outputst;
  4. access the Service through bots, scripts, scrapers or other automated means, or through any interface other than those we provide;
  5. resell, sublicense, rent, share or time-share access to the Service or your account, or sell or transfer tokens;
  6. upload malware or interfere with the security, integrity or performance of the Service;
  7. use the Service to make decisions that have legal or similarly significant effects on people (for example, about employment, credit, housing or access to services), for surveillance or biometric identification of people, or in safety-critical or high-risk settings; or
  8. use the Service to create content that, under the law of any country in which you publish it, you would not be allowed to publish.

5.4. Moderation. We use automated tools and human review to check prompts, uploads and outputs against these Terms, our AUP and the law. We may, at our discretion and where necessary without prior notice:

  1. refuse, block or not process any request, and withhold, blur, alter, restrict or remove any Input or Output, in whole or in part, including where we believe it breaches these Terms, infringes intellectual property or other rights of any person, threatens harm to users of the Service or the public, or could create liability for us or our Providers;
  2. take any other action regarding Your Content that we reasonably consider necessary or appropriate for those reasons, including preserving it as evidence;
  3. restrict features, or suspend or close your account, in accordance with Section 9;
  4. disclose information about you, including your identity, to a third party who claims that content you created or uploaded infringes their rights (including intellectual property, publicity or privacy rights), where the law requires it, where a court or competent authority orders it, where you consent, or where it is otherwise permitted under our Privacy Policy; and
  5. take appropriate legal action for any illegal or unauthorised use of the Service, including referring the matter to, and cooperating with, law enforcement and other competent authorities where we believe criminal activity may have occurred.

We will apply these measures diligently, objectively and proportionately, and tell you the reasons for a decision that restricts your content or account, as described in Section 5.6. Automated systems are not perfect and will sometimes block acceptable requests. Our moderation decisions are not a statement that content is lawful or safe for any particular use.

5.5. Reports to authorities. Where required by law, or where we believe in good faith that it is necessary to protect someone from serious harm, we will report content and related account information to law enforcement or other competent authorities.

If we restrict your content or account, we will tell you why (unless the law prevents us or it would compromise safety or an investigation) and how to ask us to review our decision. You can ask for a review at support@genflex.ai within six months. We will review your request promptly and without discrimination, and a human will be involved in reviewing decisions to suspend or close accounts.

6. Tokens

6.1. What tokens are. Tokens are units that measure your use of generation features in the Service. They represent a limited, non-transferable right to use the Service under these Terms. Tokens are not money, electronic money, a deposit, a gift card, a voucher or a payment instrument. They have no cash value. They cannot be sold, transferred, exchanged for cash or used outside the Service, except as expressly set out in these Terms or required by law.

6.2. Types of tokens. There are three types: (i) subscription tokens are included with a paid subscription and are credited to your account at the start of each billing period; (ii) refill tokens are tokens you buy separately as a one-off purchase; (iii) promotional tokens are tokens we give you free of charge, for example as a welcome bonus, as part of a promotion, or as a goodwill gesture.

6.3. Token cost of generations. Different generations use different numbers of tokens depending on the model, the type of output, resolution, duration and other settings. The tokens used are deducted when the generation starts.

6.4. Order of use. We always use your tokens in the order that minimises how many of them expire: promotional tokens first, then subscription tokens, then refill tokens. Within each type, the tokens that expire soonest are used first.

6.5. Expiry. Subscription tokens can be used until the end of the billing period for which they were credited. Unused subscription tokens expire when that billing period ends (normally at renewal) and do not carry over to the next period. If you cancel, you keep your subscription tokens until the end of the period you have paid for. Refill tokens do not expire while your account remains open. Promotional tokens expire on the date stated when they are granted. If no date is stated, they expire 15 days after they are granted. We may set other conditions for promotional tokens (for example, that they can only be used with certain models).

6.6. Your balance. Your account shows your current token balance by type, and the date on which your subscription tokens. Your account history shows the tokens used for each generation.

6.7. Failed generations. If a generation fails to complete, or produces no usable output because of a technical fault on our side or a Provider’s side, we will return the tokens used, automatically where we detect the failure and otherwise on request to support@genflex.ai. Tokens are not returned because you are unhappy with the creative result of a generation that has worked as intended. If our moderation blocks your prompt before generation, no tokens are deducted

6.8. Errors. If tokens are credited to your account by mistake, we may correct the error.

7. Subscriptions, purchases and payments

7.1. Plans and prices. The features of each subscription plan and refill pack are described on our pricing page and at checkout. For consumers in the EU, EEA, UK and Switzerland, prices include VAT. In the United States and elsewhere, applicable sales or other taxes may be added at checkout.

7.2. AUTOMATIC RENEWAL. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR A FURTHER PERIOD OF THE SAME LENGTH, AND WE CHARGE YOUR PAYMENT METHOD AT THE START OF EACH NEW PERIOD AT THE PRICE THEN IN EFFECT FOR YOUR PLAN, UNTIL YOU CANCEL. THE PRICE, BILLING FREQUENCY AND RENEWAL DATE ARE SHOWN TO YOU BEFORE YOU BUY AND IN YOUR ACCOUNT SETTINGS. BY PURCHASING A SUBSCRIPTION YOU AUTHORISE US TO CHARGE YOU ON EACH RENEWAL UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. WHERE THE LAW REQUIRES, WE WILL SEND YOU A REMINDER BEFORE RENEWAL.

7.3. Free trials and introductory offers. If we offer a free trial or an introductory price, we will tell you before you sign up how long it lasts, what you will be charged when it ends and how to cancel. Unless you cancel before the trial or offer ends, your subscription will continue at the regular price.

7.4. How to cancel. You can cancel a subscription at any time, online in Account Settings > Subscription > Cancel subscription or by contacting us. If you subscribed through the Apple App Store or Google Play, you must cancel through your store Account Settings. Cancellation takes effect at the end of your current billing period; you keep access, and your subscription tokens, until then. We will confirm your cancellation by email. Cancelling does not by itself entitle you to a refund, but see Section 8.

7.5. Plan changes. You can upgrade or downgrade your plan in your Account Settings. Upgrades take effect immediately and we charge the pro-rated difference; downgrades take effect at your next renewal.

7.6. Price changes. We may change subscription prices, and these changes will apply only from your next renewal. If you do not want to pay the new price, you can cancel before it takes effect. Where the law requires your express consent to a price increase, we will ask for it.

7.7. Payment. Payments are processed by our payment service providers. You must provide a valid payment method and authorise us to charge it. If a payment fails, we may retry it and ask you to update your payment details. If we cannot collect payment within 14 days, we may pause or end your subscription; subscription tokens for an unpaid period will not be credited. Refill tokens you have already paid for are not affected.

7.8. App store purchases. If you buy through the Apple App Store or Google Play, the purchase is processed by that store and is also subject to its terms, including on billing, cancellation and refunds. Refund requests for these purchases must be made to the store. Your statutory rights are not affected.

7.9. Chargebacks. If you think you have been charged incorrectly, please contact us first at support@genflex.ai; we will look into it promptly. If you dispute a charge with your bank or card issuer, we may suspend your account and freeze your token balance while the dispute is resolved. This does not affect your statutory rights.

8. Refunds

8.1. Your statutory rights. You have rights under consumer law in the country or state where you live, including, where applicable, rights if the Service is not supplied as described or is faulty. Nothing in this Section or elsewhere in these Terms limits those rights. We do not give refunds for purchases you change your mind about, or for tokens you have not used, except: (i) where the law requires a refund; (ii) for duplicate charges; and (iii) where the Service was faulty and we could not fix the problem within a reasonable time.

8.2. How refunds are calculated. Refunds are based on the price you actually paid (including tax) for the relevant purchase, as follows:

  1. Subscription tokens: the price paid for the billing period, divided by the number of subscription tokens included in that period, multiplied by the number of those tokens you have not used.
  2. Refill tokens: the price paid for the refill pack, divided by the number of tokens in the pack, multiplied by the number of tokens from that pack you have not used. If you have bought more than one pack, the most recently bought pack is refunded first.
  3. Promotional tokens are free and are not refunded or taken into account in any calculation. Because promotional tokens are used first (Section 6.4), a refund covers only tokens you have paid for. Refunds are made to your original payment method within 14 days of our confirming the refund.

8.3. Faulty or unavailable service. If the Service was faulty, we will first try to fix the problem, for example by re-running the generation or returning your tokens. If we cannot do so within a reasonable time, you may be entitled to a price reduction or to end your subscription and receive a refund, in accordance with your statutory rights.

8.4. Account closure. If you close your account yourself, your unused tokens are cancelled when the account is closed, unless you have a right to a refund under Section 8.1.

8.5. Right of withdrawal (EU, EEA, and UK). If you are a consumer in the EU, EEA, or UK , you have the right to withdraw from a purchase within 14 days of the day the contract is concluded, without giving any reason. Tokens are made available to you immediately after purchase so that you can start generating straight away. At checkout, we ask you to confirm that you want us to start providing the Service immediately and that you acknowledge that: (a) if you withdraw, you must pay for the part of the Service we have provided up to your withdrawal, which is the value of the tokens from that purchase that you have used, calculated as in Section 8.2; and (b) you lose your right of withdrawal once you have used all of the tokens from that purchase, and in respect of each Output once it has been generated and supplied to you. You can withdraw by emailing support@genflex.ai, or by sending us the model withdrawal form specified below. You only need to tell us before the 14-day period ends. We will refund the price you paid for the purchase, less the value of the tokens you used (calculated as in Section 8.2), within 14 days of receiving your withdrawal, using the payment method you used, at no cost to you.

I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*:

Ordered on*/received on*:

Name of the consumer(s):

Address of the consumer(s):

Date:

*Delete as applicable

9. Suspension, termination and closing your account

9.1. Closing or deleting your account. You can close or delete your account at any time. Requesting deletion of your account does not cancel an active subscription. To stop future charges, you must also cancel the subscription, either at the same time as you request deletion or beforehand, as described in the Section 7.4. If you have an active subscription when you request deletion and have not cancelled it, you will keep access to the Service until the end of your current paid period, unless you ask us to delete your account immediately. For subscriptions purchased through the Apple App Store or Google Play, you must cancel through your store Account Settings, as we cannot cancel them for you.

9.2. When we may suspend or close your account. We may suspend or restrict your access, or close your account, if:

  1. you materially or repeatedly breach these Terms or the AUP, or we reasonably suspect you have done so;
  2. you use the Service fraudulently, fail to pay, or charge back a payment without good reason;
  3. we must do so to comply with the law, a court order or a request from a competent authority;
  4. your use creates a risk of harm to other people, to the security or integrity of the Service, or of legal liability for us or our Providers;
  5. a Provider requires us to stop providing access to its models in relation to your account, or stops providing its models to us; or
  6. your account has been inactive for more than 12 months.

9.3. How we will act. Our action will be proportionate. Where reasonable, we will warn you first and give you a chance to fix the problem. We may act without notice where the breach is serious, where the law requires it, or where notice could cause harm or prejudice an investigation. We will tell you the reasons for our decision and how to ask for a review.

9.4. What happens to your tokens. If we close your account because of your material breach of these Terms, your unused tokens are cancelled without refund, to the extent permitted by law. In any other case of account closure by us, Section 8.1 applies. While your account is suspended, your subscription tokens continue to expire as normal. If the suspension was not justified, we will restore any tokens that expired during it.

9.5. What happens to your content. After your account is closed, we will delete Your Content as explained in our Privacy Policy.

9.6. Discontinuation of the Service. We may stop offering the Service or any part of it. We will give you at least 30 days’ notice where we can.

10. Privacy and data

10.1. Privacy Policy. Our Privacy Policy explains how we collect and use personal data, including for payments, account management, moderation, analytics and marketing, and what rights you have.

10.2. Processing by Providers. To generate Outputs, we send your Inputs (which may include prompts and uploaded images) to Providers, some of which are located outside your country, including in the United States.

10.3. Storage and deletion. We store your Outputs in your account as described in Section 3.8. Our Privacy Policy explains how long we keep Inputs, Outputs and moderation records.

10.4. Who can see your content. Your Outputs are private to your account unless you choose to share them. Our authorised staff and contractors may access Your Content where needed to provide support, investigate a report or suspected breach, operate our moderation systems or comply with the law.

10.5. Personal information in your content. Do not include sensitive personal information (such as health data or identification documents) in your Inputs, and only include information about other people, including their images, if you have the right to do so.

11. AI limitations and your responsibility

11.1. How AI outputs behave. AI models generate content based on patterns in their training data. Outputs may be inaccurate, incomplete, unexpected, biased or offensive, may contain visual errors or distortions, may not match your prompt, and may resemble existing works or real people.

11.2. Your judgement. You are responsible for reviewing each Output and deciding whether it is suitable before you rely on it, publish it or use it commercially, including checking that your use does not infringe anyone’s rights or break the law, and adding any disclosure the law requires. Outputs are not professional advice.

11.3. Not for high-impact uses. The Service is designed for creative and general-purpose content creation. Do not use it where errors could cause harm, such as for medical, legal or financial purposes, for evidence, identification or safety-critical uses, or for decisions about individuals.

12. Warranties

12.1. DISCLAIMER. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND SUBJECT TO YOUR STATUTORY RIGHTS, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THAT OUTPUTS WILL BE ACCURATE, ORIGINAL, UNIQUE, PROTECTED BY COPYRIGHT, NON-INFRINGING OR FIT FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Liability

13.1. Liability we do not limit. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence, or for any other liability that cannot be limited or excluded by law.

13.2. TO THE EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100.

13.3. Third-party content and services. We are not responsible for content, websites or services provided by third parties that you access through the Service, or for how you use Outputs after they are delivered to you.

14. Your responsibility for claims

14.1. Indemnity. If you are not a consumer in the EU, EEA, UK or Switzerland, you will compensate us (including our officers, employees and affiliates) for reasonable losses, damages and costs (including reasonable legal fees) arising from any third-party claim that results from: (a) your Inputs; (b) your use of Outputs; or (c) your breach of these Terms or of the law. This does not apply to the extent the claim results from our own breach of these Terms or our negligence. We will tell you promptly about any such claim, and you may participate in its defence.

14.2. Consumers in the EU, EEA, UK and Switzerland. If you are a consumer in these countries, you are responsible for losses you cause us in accordance with the applicable law.

15. Changes to these Terms

15.1. Why and how we change them. We may update these Terms to reflect changes in the law, in our Service or Providers, in our business, or for security reasons. We will publish the updated Terms with a new date.

15.2. Notice. If a change materially affects your rights or obligations, we will strive to notify you before it takes effect by email or in the Service.

15.3. Your options. If you do not agree to a change, you may close your account or cancel your subscription before the change takes effect. If you continue to use the Service after the change takes effect, the updated Terms will apply to you.

16. Governing law and disputes

16.1. Contact us first. Most concerns can be resolved quickly by contacting us at support@genflex.ai. Please give us 30 days to try to resolve a dispute before starting formal proceedings. This does not stop you from bringing a claim within any legal time limit.

16.2. Consumers in the EU, EEA, UK and Switzerland. These Terms are governed by the laws of the England and Wales. This choice does not deprive you of the protection of the mandatory laws of the country where you live. You may bring proceedings in the courts of the country where you live or in the courts of Cyprus. We may bring proceedings against you only in the courts of the country where you live. We are not obliged to participate in, and do not currently commit to, alternative dispute resolution proceedings before a consumer arbitration board, but we will consider any request to do so.

16.3. Users in the United States: binding individual arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO BRING A CLASS ACTION.

  1. Arbitration. If you live in the United States, you and GenFlex (including Fulfilling Inc. or our affiliates) agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this Section. The arbitrator decides all issues, except that a court decides questions about the scope, enforceability and validity of the class action waiver and mass arbitration provisions. The arbitration will take place in the county where you live, or by video or written submissions if you prefer. We will pay the filing, administration and arbitrator fees above those you would pay to file a claim in court, unless the arbitrator finds your claim frivolous.
  2. Exceptions. Either party may bring an individual claim in small claims court. Either party may seek an injunction in court to stop infringement or misuse of intellectual property. Nothing in this Section prevents you from bringing issues to the attention of government agencies.
  3. No class actions. Disputes will be resolved only on an individual basis. You and GenFlex waive any right to bring or participate in a class, collective or representative action or to a jury trial. If this class action waiver is found unenforceable for any claim, that claim will be decided by a court, not an arbitrator, and after any individual arbitration is complete. Nothing in this Section prevents you from seeking public injunctive relief in court where the law of your state gives you that right; any such claim will be stayed until the individual claims are arbitrated.
  4. Mass arbitration. If 50 or more similar demands for arbitration are filed against GenFlex by or with the assistance of the same law firm or organisation, they will be administered in batches of up to 50 in accordance with the AAA’s mass arbitration procedures, and the limitation periods for claims in later batches will be suspended until they are administered.
  5. Opting out. You may opt out of this arbitration agreement by emailing support@genflex.ai within 30 days of first accepting these Terms, with your name, the email address of your account and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
  6. Changes. If we make a material change to this Section, you may reject it by emailing us within 30 days of the change, and the previous version will continue to apply to you.
  7. Governing law and courts. For users in the United States, these Terms are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to conflict-of-law rules, and without depriving you of the protection of mandatory consumer laws of the state where you live. Any Dispute not subject to arbitration will be decided exclusively by the state or federal courts located in New Castle County, Delaware, unless the law of your state gives you the right to sue in your home state.

16.4. Everyone else. If Sections 16.2 and 16.3 do not apply to you, these Terms are governed by the laws of the State of Delaware and the courts of New Castle County, Delaware have exclusive jurisdiction, subject to any mandatory consumer law of the country where you live.

17. Mobile apps

17.1. App stores. If you download our app from the Apple App Store or Google Play, these Terms are between you and GenFlex only, not with Apple or Google, and GenFlex (not Apple or Google) is responsible for the app and its content. Apple and Google have no obligation to provide maintenance or support for the app.

17.2. Apple. If you use our iOS app: (a) your licence to use the app is limited to use on Apple-branded products that you own or control, as permitted by the App Store Usage Rules; (b) if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the extent permitted by law, Apple has no other warranty obligation for the app; (c) Apple is not responsible for addressing any claims by you relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and consumer protection or privacy claims; (d) Apple is not responsible for investigating or defending any third-party claim that the app infringes intellectual property rights; and (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. General

18.1. Notices. We may send you notices by email to the address in your account or through the Service. You can send us notices at support@genflex.ai or 75 Prodromou Avenue, Oneworld Parkview House, 2063 Nicosia, Cyprus.

18.2. Transfer. We may transfer our rights and obligations under these Terms to another company, including as part of a reorganisation or sale of our business, and will tell you if this happens. If you are a consumer, we will ensure that the transfer does not reduce your rights. You may not transfer your rights or obligations under these Terms without our written consent.

18.3. Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including Provider outages, internet or power failures, natural disasters, war, cyber-attacks or government action. If such an event prevents us from providing a paid service for more than 30 days, you may cancel your subscription.

18.4. Severability. If any part of these Terms is found invalid or unenforceable, the rest remains in effect.

18.5. No waiver. If we do not enforce a right immediately, we can still enforce it later.

18.6. Entire agreement. These Terms (including the documents listed in Section 1.3) are the entire agreement between you and us about the Service and replace any earlier agreements about it.

18.7. Third parties. Except as stated above, no one other than you and GenFlex has any right to enforce these Terms.

18.8. Language. These Terms are drafted in English. If we provide a translation, the English version prevails to the extent permitted by the law of the country where you live.

18.9. Survival. Sections 4, 6.1, 8.2, 8.4, 8.5, 9.4, 9.5, 11 to 14, 16 and 18 continue to apply after these Terms end.