Terms of Service

1. Introduction and Agreement

Welcome to Orgaigen. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Orgaigen ("we", "us", or "our") governing your access to and use of the Orgaigen platform, website, and services (collectively, the "Service").

Orgaigen is an AI-powered content generation platform that provides text-to-image generation, image-to-video generation, and related creative tools.

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms are governed by the laws of Quebec, Canada. Certain provisions of the Quebec Consumer Protection Act and the Civil Code of Quebec may apply to your use of the Service and cannot be waived by contract.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means your registered account on the Service.
• "Content" means any text, images, videos, audio, prompts, or other materials.
• "Credits" means the prepaid units used to access generation features on the Service.
• "Generated Content" means any Content created by the Service using AI models based on your inputs.
• "Third-Party Services" means external services and APIs that the Service integrates with to provide functionality.
• "User Content" means any Content you submit, upload, or provide to the Service as input.

3. Eligibility and Account

3.1 Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Registration

To access certain features of the Service, you must create an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

4. Service Description

Orgaigen provides the following AI-powered services:

• Text-to-Image Generation: Create images from text prompts using AI models.
• Image-to-Video Generation: Transform images into videos using AI models.
• Prompt Library: Access and manage prompts for content generation.
• Asset Management: Store, organize, and manage your generated content.

The Service uses artificial intelligence and machine learning technologies. You acknowledge that AI-generated results may vary and that we do not guarantee any specific outcome, quality, or suitability of Generated Content for any particular purpose.

5. Credits and Payment

5.1 Credit System

The Service operates on a prepaid credit system. You must purchase Credits to use generation features. Different generation types may consume different amounts of Credits.

5.2 Purchases and Refunds

All Credit purchases are final and non-refundable, except where required by applicable consumer protection laws, including the Quebec Consumer Protection Act. If you believe you are entitled to a refund under applicable law, please contact us.

5.3 Pricing Changes

We reserve the right to modify our pricing at any time. Price changes will not affect Credits already purchased. We will provide reasonable notice of any pricing changes.

5.4 Credit Validity

Unless otherwise specified, Credits do not expire. We reserve the right to introduce expiration policies for Credits purchased after notice of such change.

6. User Content and Intellectual Property

6.1 Your Input Content

You retain all rights to the User Content you submit to the Service. By submitting User Content, you grant us a limited, non-exclusive license to use such content solely for the purpose of providing the Service to you.

6.2 Generated Content Ownership

Subject to your compliance with these Terms, you own the Generated Content created through your use of the Service. You may use Generated Content for any lawful purpose, including commercial purposes.

6.3 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to use all User Content you submit to the Service.
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other rights.
• You will use Generated Content in compliance with all applicable laws.

6.4 Our Intellectual Property

The Service, including its design, features, functionality, code, and all related intellectual property, remains our exclusive property. These Terms do not grant you any rights to our trademarks, service marks, or brand features.

7. Third-Party Services

The Service integrates with and relies upon third-party services and APIs to provide AI generation capabilities. These include, but are not limited to, AI model providers and cloud infrastructure services.

You acknowledge and agree that:

• Third-Party Services are subject to their own terms of service and privacy policies.
• We are not responsible for the availability, accuracy, or reliability of Third-Party Services.
• Changes to Third-Party Services may affect the functionality or availability of our Service.
• Your use of the Service may be subject to additional terms imposed by Third-Party Service providers.

8. Acceptable Use Policy

You agree not to use the Service to create, upload, or distribute Content that:

• Depicts, promotes, or facilitates child sexual abuse material (CSAM) or the exploitation of minors in any way.
• Contains non-consensual intimate imagery or deepfakes of real individuals without their consent.
• Promotes, glorifies, or incites violence, terrorism, or physical harm.
• Contains hate speech, discrimination, or harassment based on protected characteristics.
• Is defamatory, fraudulent, deceptive, or constitutes impersonation.
• Infringes on intellectual property rights, privacy rights, or other rights of others.
• Contains malware, viruses, or other harmful code.
• Violates any applicable law, regulation, or third-party rights.
• Attempts to circumvent any security measures, rate limits, or access controls of the Service.

We reserve the right to remove any Content and suspend or terminate Accounts that violate this Acceptable Use Policy, without prior notice and without refund.

9. User Responsibilities

You are responsible for:

• Ensuring your use of the Service complies with all applicable laws, including those of Quebec, Canada, and any jurisdiction from which you access the Service.
• The accuracy and legality of all User Content you submit.
• Maintaining the confidentiality and security of your Account credentials.
• Creating and maintaining your own backups of Generated Content, as we do not guarantee indefinite storage.
• Reviewing and ensuring that Generated Content is appropriate before using or distributing it.

10. Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance.
• Updates and improvements to the Service.
• Technical issues with our infrastructure or Third-Party Services.
• Circumstances beyond our reasonable control.

For support inquiries, please contact us at support@orgaigen.com.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

We specifically disclaim any warranties regarding:

• The quality, accuracy, or suitability of Generated Content for any purpose.
• The continuous, uninterrupted, or error-free operation of the Service.
• The compatibility of the Service with your equipment or software.
• The results you may obtain from using the Service.

Nothing in these Terms excludes or limits any warranty implied by law that cannot be lawfully excluded or limited under Quebec or Canadian law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) GROSS NEGLIGENCE OR INTENTIONAL FAULT; OR (D) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE CIVIL CODE OF QUEBEC.

13. Suspension and Termination

13.1 Termination by You

You may terminate your Account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Service will cease immediately.

13.2 Suspension or Termination by Us

We may suspend or terminate your Account and access to the Service, without prior notice, if:

• You breach these Terms or the Acceptable Use Policy.
• We are required to do so by law.
• We reasonably believe your use poses a security risk or may harm other users.
• Your Account has been inactive for an extended period.

13.3 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will terminate; (b) unused Credits will be forfeited and are non-refundable, except where prohibited by law; (c) we may delete your Account data, including Generated Content, after a reasonable retention period. We recommend downloading any Content you wish to keep before terminating your Account.

14. Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2 Mediation

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute with us through good-faith mediation. Either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in Montreal, Quebec, or remotely by mutual agreement, in English or French as agreed by the parties.

14.3 Jurisdiction

If mediation is unsuccessful, the courts of Quebec shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

15. General Provisions

15.1 Changes to Terms

We may modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

15.2 Severability

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 the remaining provisions shall remain in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.6 Contact Information

If you have any questions about these Terms, please contact us at:
support@orgaigen.com