Effective Date: September 24, 2025
Welcome to Myaiart. These Terms of Use ("Terms") are a binding legal agreement between you and Myaiart ("Myaiart", "we", "us", or "our") that governs your use of our websites, mobile applications, and AI-powered tools and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms, including the mandatory arbitration agreement and class action waiver in Section 12. If you do not agree to these Terms, you may not use the Service.
We may amend these Terms from time to time. If we make material changes, we will notify you by posting a notice on the Service or by other means. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
You must be at least 13 years old to use the Service. If you are under 18 (or the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
To access certain features, you must create an account. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information and to keep this information up to date.
Your Content: You can provide input to the Service, such as text prompts or images ("Input"), and receive AI-generated output ("Output"). The Input and Output are collectively "Your Content." You retain any ownership rights you have in Your Content, subject to the license granted below.
License to Myaiart: To operate, provide, and improve the Service, you grant Myaiart a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, publish, and distribute Your Content. This license is for the limited purposes of providing the Service to you, developing new features, and for promotional activities (for example, by featuring your creations on our gallery, from which you can opt-out through your account settings).
AI Model Training: By using the Service, you agree that we may use Your Content to train and improve our AI models and services. If you wish to opt-out of having your content used for training, please adjust the settings in your user account profile.
Content Similarity: You acknowledge that due to the nature of artificial intelligence, Output generated for you may be similar or identical to Output generated for other users. You shall have no claims against us or other users based on such similarities.
Your Responsibility: You are solely responsible for Your Content and for ensuring it does not violate any laws or these Terms.
You agree not to use the Service to create, upload, or share any content that:
Is illegal, defamatory, obscene, pornographic, harassing, hateful, or promotes violence.
Involves the sexual exploitation or abuse of children. We have a zero-tolerance policy for Child Sexual Abuse Material (CSAM) and will report such content and its users to law enforcement.
Infringes on any third party's intellectual property rights, including copyright, trademark, patent, trade secret, or rights of privacy and publicity.
Is deceptive, fraudulent, or misleading, including the creation of disinformation or "deepfakes" intended to harm others.
Attempts to reverse-engineer, decompile, or discover the source code or underlying components of our models, algorithms, and systems.
We have the right to review content and may remove or disable content that we, in our sole discretion, believe violates these Terms.
We offer both free and paid versions of the Service. If you purchase a subscription ("Paid Services"), you agree to pay the applicable fees. All fees are non-refundable except as required by law. Subscriptions will automatically renew at the end of each billing cycle unless you cancel through your account settings prior to the renewal date.
Excluding Your Content, the Service itself, including all underlying software, AI models, technology, branding, and user interface, are the exclusive property of Myaiart and its licensors, protected by copyright, trademark, and other laws.
Myaiart respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been infringed upon by content on the Service, please follow the procedure outlined on our "Copyright Policy" page, which provides instructions for submitting a compliant DMCA notice.
You may terminate this agreement at any time by deleting your account and ceasing to use the Service. We reserve the right to suspend or terminate your access to the Service at any time, for any reason, including for violations of these Terms, without prior notice. Sections 3, 6, and 8 through 13 of these Terms will survive termination.
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, AND NON-INFRINGEMENT. MYAIART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYAIART AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
IN NO EVENT SHALL MYAIART'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless Myaiart and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
Governing Law: These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions.
Mandatory Arbitration Agreement: You and Myaiart agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.
Class Action Waiver: YOU AND MYAIART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms constitute the entire agreement between you and Myaiart regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force. For any questions about these Terms, please use the "Help" or "Contact Us" section within the Service.
