USER AGREEMENT

1. Acceptance of Terms

By creating an account, uploading content, generating images or videos, or otherwise using the Service, you expressly agree to comply with this Agreement and any future amendments.

You also agree to comply with our Privacy Policy, which is incorporated herein by reference.

We reserve the right to update or modify this Agreement at any time. If material changes are made, we will notify you by posting the updated terms on our website, within the Service, or via email (if provided). Continued use after such changes constitutes your acceptance of the revised terms.

2. Eligibility and Age Restriction

You must be at least the age of majority in your jurisdiction (typically 18 or 21 years of age) to use the Service.

By using the Service, you affirm that you are of legal age and have the legal capacity to enter into this Agreement.

The Service is not directed at or intended for use by minors. We do not knowingly collect personal information from, or create content involving, individuals under the legal age of consent.

If we discover or are informed that a user is underage or that content involving a minor has been uploaded, we will immediately suspend or terminate the account and delete all related content.

3. Account Registration and Security

3.1 Registration

To access certain features of the Service (e.g., generating content, purchasing credits), you may be required to create an account through Telegram, a third-party authentication provider (e.g., Google, Apple), or another designated method. You agree to provide accurate, current, and complete information and to update it as necessary.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use or suspected security breach.

We are not liable for any loss or damage arising from your failure to safeguard your account.

4. Description of Service

ErosAI uses advanced artificial intelligence technology to generate personalized images and videos based on user-provided prompts and reference files (e.g., photographs).

You acknowledge that the Service generates synthetic media ("Synthetic Content") that does not depict real individuals, events, or scenarios. All generated content is the product of AI algorithms and may not accurately represent reality.

The availability, features, quality, and performance of the Service may vary and are subject to technical limitations, scheduled maintenance, or unforeseen disruptions.

5. User-Generated Content and Uploads

5.1 Ownership of Uploads

You retain ownership of any content you upload to the Service (e.g., reference images, text prompts). However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and display such content solely to provide, improve, and maintain the Service.

5.2 Prohibited Content

You agree that you will not upload or use the Service to create content that:

• Depicts or involves minors (individuals under the age of majority) in any form, including but not limited to photographs, depictions, or likenesses.
• Violates any local, national, or international law or regulation.
• Infringes upon the intellectual property rights, privacy rights, or other legal rights of third parties.
• Contains malware, viruses, or other harmful code.
• Is defamatory, obscene (beyond the scope of permitted adult content), hateful, or promotes violence or illegal activity.
• Violates Telegram's Terms of Service or policies (if applicable).

5.3 Compliance Responsibility

You are solely responsible for ensuring that all content you upload complies with applicable laws and this Agreement. We reserve the right to remove, refuse to process, or report any content that violates these terms or applicable law.

6. Generated Content (Output)

6.1 Ownership of Generated Content

You retain ownership of the content generated by the Service based on your inputs ("Generated Content"). However, we retain the right to use aggregated, anonymized data derived from your usage to improve our AI models and Service.

6.2 License to Use Generated Content

By generating content through the Service, you grant us a limited, non-exclusive license to store and display your Generated Content for the purpose of delivering the Service to you. We will not publicly share, sell, or distribute your Generated Content without your explicit consent, except as required by law or as outlined in our Privacy Policy.

6.3 No Warranty on Output Quality

We do not guarantee that Generated Content will meet your expectations or be free from errors, inaccuracies, or offensive material. The AI-generated output is provided "as is."

7. Fees, Payments, and Subscriptions

7.1 Pricing

Access to certain features of the Service may require the purchase of credits, a subscription, or one-time payments. All fees are displayed within the Service and are subject to change at our discretion.

7.2 Payment Methods

We accept payments via cryptocurrency (e.g., USDT), bank cards (Visa, Mastercard), and other methods as indicated in the Service. All payments are processed securely through third-party payment processors.

7.3 Refunds

All purchases are final and non-refundable unless required by applicable law or unless we determine, in our sole discretion, that a refund is warranted due to a Service error or failure.

7.4 Taxes

You are responsible for any applicable taxes, duties, or fees associated with your use of the Service.

8. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Upload or generate content depicting minors or non-consenting individuals.
• Attempt to reverse engineer, decompile, or extract the source code of our AI models or software.
• Use automated tools (e.g., bots, scrapers) to access or interact with the Service without our prior written consent.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with or disrupt the integrity or performance of the Service.
• Circumvent any security features or access restrictions.
• Resell, redistribute, or sublicense access to the Service without our express written permission.

9. Intellectual Property Rights

9.1 Our Ownership

All intellectual property rights in the Service, including but not limited to software, algorithms, design, branding, and documentation, are owned by or licensed to ErosAI. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our express written consent.

9.2 Trademarks

ErosAI, our logo, and any related trademarks or service marks are the property of ErosAI. You may not use these marks without our prior written permission.

10. Content Moderation and Enforcement

We employ a combination of automated tools and manual review to detect and prevent prohibited content, including imagery depicting minors.

We reserve the right, but are not obligated, to monitor, review, or remove any user-uploaded or generated content at any time, without prior notice.

Violation of this Agreement may result in immediate suspension or termination of your account, deletion of all associated content, and reporting to relevant authorities.

11. Termination and Suspension

11.1 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, if we believe you have violated this Agreement, engaged in fraudulent activity, or for any other reason at our sole discretion.

11.2 Termination by You

You may terminate your account at any time by contacting us or using account deletion features within the Service.

11.3 Effect of Termination

Upon termination, your right to access the Service will immediately cease. We may delete your account information and Generated Content in accordance with our data retention policies.

12. Disclaimers and Limitation of Liability

12.1 "As Is" Basis

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

12.2 No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not responsible for any loss of data, content, or access resulting from technical issues, maintenance, or third-party failures.

12.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EROSAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless ErosAI, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your infringement of any third-party rights; or (d) your upload or generation of prohibited content.

14. Third-Party Services and Links

The Service may integrate with or link to third-party services, platforms, or websites (e.g., payment processors, Telegram). We are not responsible for the content, policies, or practices of any third party.

Your use of third-party services is governed by their respective terms and privacy policies.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Dominican Republic, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any disputes arising out of or related to this Agreement or the Service shall be resolved through binding arbitration in accordance with the rules of the Dominican Republic arbitration body, except where prohibited by law. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Miscellaneous

16.1 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.2 Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

16.3 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any successor or affiliate at our discretion.

16.4 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and ErosAI regarding the Service and supersedes all prior agreements or understandings.

17. Contact Information

For questions, concerns, or notices regarding this Agreement, please contact us at: abuse@erosai.at

18. Final Acknowledgment

By using the Service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. You further acknowledge that the Service is intended solely for adults and that you will not upload or generate content involving minors or other prohibited material.