Terms of Service

Welcome to Innobytes ("we," "our," or "us"). By accessing or using our website, platform, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Innobytes. By creating an account, subscribing to our services, or using any of our AI-powered creative tools, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through a prominent notice on our website. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

Innobytes is an AI-powered creative platform that provides tools and services for generating images, videos, music, and voiceovers using artificial intelligence technology. Our Service includes:

• AI Image Generation: Create high-quality images using advanced AI models including Flux, DALL-E, and other proprietary and third-party AI technologies.
• AI Video Generation: Generate videos from text prompts, images, or scripts using state-of-the-art video AI models.
• AI Music Generation: Create original music tracks and soundscapes using AI-powered music generation tools.
• AI Voicover Generation: Generate natural-sounding voiceovers in multiple languages and voices using text-to-speech AI technology.
• Shopify Integration: Connect your Shopify store to automatically generate product images and videos.
• Media Management: Store, organize, and manage your generated content in our cloud-based storage system.

We utilize various third-party AI models and services, including but not limited to OpenAI, Fal.ai, and other AI service providers, to deliver our services. The availability, quality, and features of our Service may vary based on the underlying AI technologies and models we use.

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

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials. You may not share your account with others or allow others to access your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

You must be at least 18 years old to create an account and use our Service. If you are under 18, you may only use our Service with the consent and supervision of a parent or legal guardian.

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Generate, create, or request content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Generate content that infringes upon the intellectual property rights of others
• Generate content that contains hate speech, discrimination, or promotes violence against individuals or groups
• Generate content that impersonates another person or entity
• Generate sexually explicit or pornographic content
• Generate content that violates any applicable laws or regulations
• Use the Service to spam, harass, or harm others
• Attempt to reverse engineer, decompile, or extract the source code of our Service
• Use automated systems (bots, scrapers) to access the Service without our express written permission
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to compete with us or build a similar service

We reserve the right to review, monitor, and remove any content that violates these Terms. We may suspend or terminate your account immediately if you violate these acceptable use policies.

You retain ownership of all content you generate using our Service ("User Content"). However, by using our Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, host, and display your User Content on our platform
• Use your User Content to provide, maintain, and improve our Service
• Create backups and ensure the security of your User Content
• Display your User Content in your account and as part of the Service functionality

You represent and warrant that:

• You own or have the necessary rights to all User Content you generate
• Your User Content does not infringe upon the rights of any third party
• Your User Content complies with all applicable laws and regulations
• Your User Content does not violate these Terms

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or inappropriate.

The Service, including all software, technology, designs, graphics, logos, text, and other materials, is owned by Innobytes or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The AI models and technologies we use are provided by third-party providers and are subject to their respective terms and licenses. You are responsible for ensuring your use of generated content complies with the terms of those third-party providers.

Our trademarks, service marks, and logos used in connection with the Service are our property. Other trademarks, service marks, and logos used in connection with the Service may be the trademarks of their respective owners.

Our Service operates on a subscription-based model with different pricing tiers. By subscribing to our Service, you agree to pay the fees associated with your chosen subscription plan.

Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.

Payment Methods: We accept payment through credit cards, debit cards, and other payment methods as specified on our pricing page. You authorize us to charge your payment method for all fees associated with your subscription.

Price Changes: We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price changes. If you do not agree to the new pricing, you may cancel your subscription before the changes take effect.

Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings.

Refunds: Refunds are provided only in accordance with our refund policy or as required by applicable law. Generally, we do not provide refunds for partial subscription periods or unused tokens.

Our Service uses a token-based system to manage usage and billing. Different AI operations consume different amounts of tokens based on complexity, model type, and output quality.

Token Allocation: Your subscription plan includes a monthly allocation of tokens. Additional tokens may be purchased separately if needed.

Token Consumption: Tokens are consumed when you:

• Generate images using AI models
• Generate videos using AI models
• Generate music tracks
• Generate voiceovers
• Use premium AI models or features

Token Expiration: Unused tokens from your monthly allocation do not roll over to the next billing period unless explicitly stated in your subscription plan.

Token Pricing: The number of tokens required for each operation may vary based on the AI model used, output quality, and other factors. We reserve the right to adjust token consumption rates with reasonable notice.

We utilize various third-party AI models and services to power our platform, including but not limited to:

• OpenAI: For image generation (DALL-E) and other AI services
• Fal.ai: For advanced image and video generation models (Flux, etc.)
• Other AI Providers: We may integrate additional AI models and services as they become available

Service Availability: The availability and performance of AI models may vary. We do not guarantee that any specific AI model will always be available or produce specific results. AI models may experience downtime, rate limits, or changes in functionality.

Model Changes: We reserve the right to add, remove, or modify AI models and services at any time. We will make reasonable efforts to notify users of significant changes.

Output Quality: While we strive to provide high-quality AI-generated content, the output quality may vary. We do not guarantee that AI-generated content will meet your specific requirements or expectations.

Third-Party Terms: Your use of AI-generated content may be subject to the terms and conditions of the third-party AI providers. You are responsible for reviewing and complying with those terms.

Our Service may integrate with third-party services, including:

• Shopify: For e-commerce integration and product media generation
• Payment Processors: For processing subscription payments (e.g., Stripe)
• Cloud Storage: For storing your generated content (e.g., Cloudflare R2, Supabase)
• Authentication Services: For user authentication and account management

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or reliability of third-party services.

We may share certain information with third-party service providers as necessary to provide our Service, as described in our Privacy Policy.

You may cancel your account and subscription at any time through your account settings or by contacting us.

We reserve the right to suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent, illegal, or harmful activities
• Fail to pay subscription fees when due
• Use the Service in a manner that could damage, disable, or impair our Service

Upon termination, your right to use the Service will immediately cease. We may delete your account, content, and data associated with your account, subject to our data retention policies and applicable law.

Sections of these Terms that by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected
• The Service is free of viruses or other harmful components
• AI-generated content will meet your specific requirements or expectations
• The results obtained from using the Service will be accurate or reliable

AI-generated content may contain inaccuracies, errors, or unexpected results. You acknowledge that AI technology is evolving and may produce unpredictable outputs. You are solely responsible for reviewing, editing, and verifying all AI-generated content before using it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNOBYTES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS 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 SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNOBYTES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content generated by AI models
• Personal injury or property damage resulting from your use of the Service
• Unauthorized access to or use of our servers or any personal information stored therein
• Interruption or cessation of transmission to or from the Service
• Bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service

IN NO EVENT SHALL INNOBYTES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO INNOBYTES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless Innobytes and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Your User Content
• Your use of AI-generated content in violation of applicable laws or third-party rights

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by:

• Sending an email to the address associated with your account
• Posting a prominent notice on our website
• Updating the "Last updated" date at the top of this page

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.