Terms of Service

These Terms of Service (“Terms”) govern your use of EVEXCA Studio, a web service for creating AI-generated images and video (the “Service”), operated by [Legal entity name — owner to provide] (“EVEXCA”, “we”, “us”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy, Credit Policy and Refunds & Failed Generations policy, which form part of this agreement.

If you do not agree, do not create an account or use the Service.

• You must be at least 18 years old to use the Service. If you are under 18, you may not use it.
• You must provide accurate account information and keep your Google account secure. You are responsible for everything that happens under your account.
• One person per account. You may not share, sell, rent or transfer your account or its credits.
• Tell us promptly at [Contact email for legal notices and support — owner to provide] if you believe your account has been compromised.
• If you use the Service for an organisation, you confirm you have authority to bind it to these Terms.

The Service lets you upload media, write prompts and generate new images and video using AI models. To create a generation we send the inputs you provide (such as your uploaded files, prompt and settings) to a third-party AI provider that runs the model and returns a result. Our AI generation provider is Higgsfield. The provider processes your inputs under its own terms and policies, and we do not control how it operates its systems.

Which workflows are available changes over time. Workflows and models marked “Coming soon” cannot be used yet, and examples shown on the site illustrate the kind of work the Service is built for; they do not guarantee what you will receive.

We may add, change, limit or remove models, features, resolutions and limits at any time.

• Results are produced by AI. They can be unpredictable, inaccurate, inconsistent or unsuitable, and may resemble results generated for other people.
• We do not promise that a result will match your prompt or reference exactly. For example, a swapped person or object, a product, a face, a logo or on-screen text may not be reproduced accurately.
• You are responsible for reviewing every result before you rely on it or publish it, including checking it for accuracy, rights clearance and suitability.
• Where required by law or by a platform where you publish, you are responsible for disclosing that content is AI-generated.

• Generations use EVEXCA Studio platform credits, which are not currency and have no cash value. The Credit Policy explains how credits are priced, reserved, replenished and returned.
• The credit cost of a generation is shown before you generate and depends on the model and settings you choose.
• If a generation fails, the credits reserved for it are returned automatically (see Refunds & Failed Generations).

• Paid plans renew each billing period until cancelled. Each plan includes a monthly credit allowance that replenishes each billing cycle; unused subscription credits do not roll over.
• Subscription payments are processed by our payment provider, Stripe. You authorise us and Stripe to charge your payment method for the plan you choose, including renewals, until you cancel.
• You can cancel at any time. After you cancel you keep your plan access and your remaining subscription credits until the end of the billing period you have already paid for, and you will not be charged again. At the end of that period unused subscription credits expire.
• Subscription payments are generally non-refundable, except where a refund is required by law. See the Refunds & Failed Generations policy.
• We may change plan prices or allowances for future billing periods and will give notice before the change applies to you.

“Your content” means the files, prompts and settings you provide. You keep your rights in your content. You give us a limited, non-exclusive licence to host, copy, process, transmit and display it solely as needed to operate the Service for you, including sending it to the AI provider that runs your generation.

You confirm that you own or have all rights, licences, consents and permissions needed for everything you upload or describe, including the likeness, voice and image of any identifiable person, trademarks, and copyrighted works, and that using it as you direct does not violate any law or anyone's rights.

Storage and deletion. Uploaded files and generated files are stored for 30 days and then automatically deleted. Download anything you want to keep. Deleting expired files does not remove billing records, your credit history or the record that a generation took place. See the Privacy Policy.

The Service, its software, design, brand names and content we provide (other than your content and your results) belong to us or our licensors and are protected by law. We grant you a personal, non-exclusive, non-transferable right to use the Service in line with these Terms. You may not copy, modify, reverse engineer or resell the Service, or use our name or logo without permission.

Results. Subject to these Terms, to the rights of third parties and to the terms of the underlying AI provider, you may use the results generated for you, including commercially. We do not guarantee that a result is unique, free of third-party rights, or protectable by copyright, and you are responsible for how you use it. [OWNER DECISION: output-ownership and commercial-use wording must be confirmed against the AI provider's written terms for API use and for resale through EVEXCA before this paragraph is final]

If you believe content on the Service infringes your rights, contact [Contact email for legal notices and support — owner to provide]. [OWNER DECISION: whether to designate a copyright agent and publish a takedown process]

You may not use the Service to create, upload or distribute content that:

• is unlawful, or sexual content involving minors in any form;
• depicts a real person's likeness or voice without their permission in a way that is deceptive, harassing, sexual or defamatory, including deepfakes intended to mislead;
• infringes copyright, trademarks, privacy, publicity or other rights;
• incites violence, promotes self-harm, or is hateful, threatening or harassing;
• is used to impersonate others, commit fraud, or generate spam, malware or other harmful material.

You also may not: bypass or attempt to bypass safety filters, credit limits or rate limits; probe, scan or attack the Service; scrape it or resell access to it; automate account creation; or use results to train a competing AI model. AI providers apply their own content filters and requests they reject are not completed. We may remove content, refuse requests, and suspend or end accounts that break these rules or put the Service or others at risk.

The Service is provided on an “as available” basis. AI providers and our infrastructure may be slow, interrupted or unavailable, and individual generations can fail. We may update, suspend or discontinue parts of the Service, with notice where reasonably practicable. If we materially change these Terms we will give notice in the Service or by email before the change applies.

You can stop using the Service at any time and can cancel a subscription at any time. We may suspend or end your access if you break these Terms, if required by law or by a provider, or to protect the Service, other users or ourselves. On termination your right to use the Service ends, stored files follow the 30-day rule, and sections that by their nature should survive (such as your responsibility for your content, intellectual property, disclaimers, limits of liability and disputes) continue.

[OWNER DECISION: what happens to remaining credits and stored files when we close an account for breach of these Terms]

To the maximum extent allowed by law, the Service and all results are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

To the maximum extent allowed by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for claims relating to the Service is limited to: [Liability limitation wording — owner to provide].

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, or any mandatory consumer rights you have where you live.

You agree to defend, indemnify and hold harmless EVEXCA and its owners, officers, employees and providers from claims, damages and expenses (including reasonable legal fees) arising from your content, your use of the results, or your breach of these Terms or of any law or third-party right. This does not apply where applicable law does not allow it. [OWNER DECISION: indemnity wording to be reviewed by counsel]

These Terms are governed by the laws of [Governing law — owner to provide], without regard to conflict-of-law rules. Before starting a formal claim, please contact [Contact email for legal notices and support — owner to provide] and give us a chance to resolve the issue informally. Disputes that are not resolved informally will be handled in [Courts or arbitration venue — owner to provide]. [OWNER DECISION: whether disputes go to courts or to binding individual arbitration (and any class-action waiver); this must be chosen with counsel]

This section does not remove any mandatory consumer rights you have where you live.

• These Terms are the entire agreement between you and us about the Service and replace earlier versions.
• If a provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them as part of a business transfer.

Questions, notices and support: [Contact email for legal notices and support — owner to provide]. Postal address: [Registered / postal address — owner to provide].