These Terms of Service (the “Terms”) form a binding agreement between you and Affogato. Capitalised terms such as “Service,” “Credits,” “Input,” and “Output” have the meanings given where they first appear. Please read them carefully — they include important provisions on payments, AI-generated content, disclaimers, and limitation of liability.
01Acceptance of terms
By accessing or using the Affogato service (the “Service”), you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced within them, including our Privacy Policy. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation. We may update these Terms from time to time; when changes are material we will notify active accounts and update the effective date above, and continued use after a change means you accept the revised Terms.
02Accounts & eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to maintain an account. The Service is not directed to children. You are responsible for all activity under your credentials and for keeping your login secure.
Your responsibilities
- Provide accurate registration information and keep it current.
- Do not share, sell, or transfer your account to anyone else.
- Notify us promptly of any unauthorised use or security breach.
- Maintain responsibility for everyone you invite to a team workspace.
03Plans, credits & billing
Renders, upscales, edits, and other generations draw on Credits attached to your plan. Credits replenish each billing cycle and unused Credits roll over up to your plan’s stated cap. Credits have no cash value, are non-transferable, and are not redeemable for money except where required by law.
Paid plans renew automatically at the then-current rate until cancelled. You authorise us and our payment processor to charge your payment method on each renewal. You can upgrade, downgrade, or cancel anytime from your dashboard; plan changes take effect on your next billing date, and banked Credits follow your plan’s rollover rules.
Refunds, top-ups & taxes
- Top-up packs are one-time purchases; the Credits they add do not expire while your account is active.
- Refunds are not provided for partial billing periods or used Credits except where required by law.
- Taxes — stated prices may exclude applicable taxes, which we may collect where required.
- Price changes — we may change prices with notice; changes apply to the next billing cycle.
04Your content & output
You retain ownership of the prompts, references, and source material you upload (“Input”). You represent that you hold the rights needed to use your Input and that it does not infringe anyone’s rights. Subject to these Terms and your active plan, you own the content you generate (“Output”), and paid plans include a worldwide commercial licence to use it.
You grant Affogato a limited, non-exclusive licence to host, process, store, and display your Input and Output solely to operate, secure, and improve the Service. We do not claim ownership of your work.
05AI-generated content
Output is produced by machine-learning models and may be inaccurate, not unique, or similar to content generated for other users. Given how generative models work, we cannot guarantee that Output is original, error-free, or non-infringing.
- You are responsible for reviewing Output and for how you use, publish, or distribute it.
- You must comply with applicable laws and any disclosure requirements for AI-generated media in your jurisdiction.
- You must not present Output in ways that are deceptive, defamatory, or that misappropriate a real person’s likeness without consent.
06Acceptable use
You agree not to use the Service to create, distribute, or facilitate material that is unlawful, infringing, or harmful. The following are prohibited:
- Content depicting real people without consent, including non-consensual likeness or intimate imagery.
- Sexual content involving minors, or any content that exploits or endangers children.
- Material that infringes intellectual property or violates someone’s privacy.
- Harassment, hateful content, or content that promotes violence or self-harm.
- Attempts to reverse-engineer, scrape, overload, or circumvent the rate limits or safeguards of the Service.
- Reselling raw model access or Credits outside of an approved plan.
We may use automated and manual review to enforce this policy and may remove content or restrict accounts that violate it.
07Intellectual property
The Affogato platform — including its models, interface, brand, and underlying software — is owned by Affogato or its licensors and protected by intellectual-property laws. These Terms grant you a licence to use the Service, not any ownership of the platform itself.
If you believe content on the Service infringes your rights, contact us with enough detail to identify the material, and we will review and respond.
08Third-party services
The Service relies on third parties — including cloud infrastructure, payment processing, and AI model providers. Your use may also be subject to their terms. We are not responsible for third-party services we do not control, and their availability may affect the Service.
09Suspension & termination
We may suspend or terminate access if you breach these Terms, create risk for other users, or use the Service unlawfully. You may close your account at any time. On closure, your licence to use the Service ends and banked Credits expire unless the law requires otherwise. Sections that by their nature should survive termination (including ownership, disclaimers, and liability) will survive.
10Disclaimers & limitation of liability
The Service and all Output are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy or reliability of Output.
To the maximum extent permitted by law, Affogato will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
11Indemnification
You agree to indemnify and hold harmless Affogato and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your Input or Output, your use of the Service, or your violation of these Terms or applicable law.
12Governing law & general terms
These Terms are governed by the laws of [State of Delaware, USA], without regard to conflict-of-laws rules, and the courts located there will have jurisdiction over disputes, except where applicable law gives you the right to bring a claim elsewhere.
If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms are the entire agreement between you and Affogato regarding the Service.
Questions about these Terms? Reach us at legal@affogato.ai or write to Affogato, Inc., [registered address].