Terms of Service

3.1 Guest Users

You may use certain features of the Service without creating an account (“Guest User”). As a Guest User, your generated content will be accessible for three (3) days from the time of creation, after which it will become permanently inaccessible. Guest Users do not have access to generation history or gallery features.

3.2 Registered Users

To access the full features of the Service, you may create a registered account by providing your first name, last name, email address, date of birth, and optionally, your phone number. Registered users receive permanent access to their generation history and gallery.

3.3 Authentication

We use passwordless authentication via magic link sent to your registered email address. You are responsible for maintaining the security of your email account and for all activities that occur under your account.

3.4 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate any account that we reasonably believe contains inaccurate, false, or incomplete information.

3.5 Account Deletion

You may delete your account at any time through the Settings page of your account. Upon deletion, all associated data, including your generation history and personal information, will be permanently removed from our systems in accordance with our data retention policies and applicable law.

5.1 User Prompts

You retain all ownership rights in the text prompts you submit to the Service (“User Prompts”). By submitting User Prompts, you grant the Company a non-exclusive, worldwide, royalty-free license to use, process, and display such prompts solely for the purpose of providing the Service to you.

5.2 Generated Content

The Company does not claim ownership of images generated through the Service (“Generated Content”). Subject to these Terms, you may use Generated Content for personal and commercial purposes, including publication on social media platforms. However, your rights to Generated Content are subject to the restrictions set forth in Section 6 (Acceptable Use) and Section 7 (AI-Generated Content and Public Figures).

5.3 Service Improvement

You grant the Company a non-exclusive, perpetual, worldwide, royalty-free license to use anonymized, non-identifiable outputs and usage patterns to improve the Service, train and enhance our systems, and develop new features. This license does not include any personally identifiable information or content that can be traced back to you as an individual.

5.4 Company Intellectual Property

The Service, including its underlying technology, software, algorithms, user interface, trademarks, logos, and all related intellectual property, is and shall remain the exclusive property of the Company. Nothing in these Terms grants you any right, title, or interest in the Company's intellectual property except as expressly provided herein.

5.5 No Warranty of Non-Infringement

While we strive to ensure that the Service does not infringe third-party rights, we cannot guarantee that Generated Content will not infringe the intellectual property or other rights of third parties. You are solely responsible for ensuring that your use of Generated Content complies with applicable laws and does not infringe the rights of others.

7.1 Realistic Imagery Warning

The Service may generate realistic-looking images, including images that may resemble real people, including public figures, celebrities, and politicians. You acknowledge that such images are AI-generated and may not accurately represent real events, statements, or actions of any depicted individuals.

7.2 Prohibited Uses Regarding Real People

You expressly agree NOT to use Generated Content depicting real or identifiable individuals to: (a) spread misinformation or false information about them; (b) defame, libel, or slander them; (c) create false endorsements or imply they have made statements they did not make; (d) create non-consensual intimate or sexual imagery; (e) harass, bully, or intimidate them; or (f) damage their reputation or violate their rights of privacy or publicity.

7.3 Disclosure Requirements

When publishing Generated Content that depicts realistic images of people, you should consider disclosing that the content is AI-generated, particularly in contexts where viewers might reasonably believe the content depicts real events.

7.4 Your Responsibility

You are solely responsible for ensuring that your use of Generated Content depicting real people complies with all applicable laws, including defamation laws, privacy laws, and rights of publicity. The Company is not responsible for any claims arising from your misuse of Generated Content.

8.1 DMCA Safe Harbor

The Company respects the intellectual property rights of others and expects users to do the same. We operate in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and will respond to valid notices of alleged copyright infringement.

8.2 Filing a DMCA Notice

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our designated DMCA agent with the following information in writing: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and reasonably sufficient information to locate it; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

8.3 DMCA Agent

DMCA notices should be sent to: legal@beyondbeings.com. Please include “DMCA Notice” in the subject line.

8.4 Counter-Notification

If you believe that your content was wrongly removed due to a DMCA notice, you may submit a counter-notification to our DMCA agent containing the required information under 17 U.S.C. § 512(g)(3).

8.5 Repeat Infringers

We reserve the right to terminate accounts of users who are repeat infringers of intellectual property rights.

9.1 Subscription Terms

Paid subscriptions, when available, will be offered on a recurring basis (monthly or annually, as specified at the time of purchase). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

9.2 Billing

By subscribing to a paid plan, you authorize us to charge your designated payment method for the subscription fee plus any applicable taxes. You are responsible for keeping your payment information current.

9.3 Price Changes

We reserve the right to change subscription prices upon reasonable notice. Price changes will take effect at the start of the next billing cycle following the date of the price change. Your continued use of the Service after the price change constitutes acceptance of the new price.

9.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period, after which your account will revert to the free tier or become inaccessible as applicable.

9.5 Refunds

Subscription fees are generally non-refundable except as required by applicable law or as expressly stated in our refund policy at the time of purchase. We may, at our sole discretion, offer refunds or credits in certain circumstances.

9.6 Billing Disputes

If you believe you have been incorrectly charged, you must contact us at support@beyondbeings.com within thirty (30) days of the charge. Failure to notify us within this period constitutes a waiver of any claim related to the disputed charge.

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13.2 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@beyondbeings.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through this informal process.

13.3 Venue

For any disputes not subject to arbitration, you and the Company agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

14.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, “Disputes”) will be resolved through binding individual arbitration rather than in court, except that either party may bring claims in small claims court if they qualify.

14.2 Arbitration Rules

The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or by another mutually agreed arbitration provider. The arbitration will take place in Wilmington, Delaware, or at another mutually agreed location. The arbitration may be conducted in person, by video conference, by telephone, or based on written submissions, as determined by the arbitrator.

14.3 Arbitration Costs

Payment of filing fees and arbitrator compensation will be governed by the applicable arbitration rules. If you demonstrate financial hardship, the Company may agree to advance certain arbitration costs.

14.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@beyondbeings.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration.

14.5 Survival

This arbitration agreement will survive termination of your account and these Terms.

15.1 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST THE OTHER, WHETHER IN COURT OR IN ARBITRATION. You may only bring claims against the Company in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15.2 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Instead, any such disputes will be resolved by a judge or arbitrator without a jury.

16.1 Termination by You

You may terminate your account at any time by deleting it through the Settings page or by contacting us at support@beyondbeings.com.

16.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) conduct that we believe is harmful to other users, third parties, or the Company; (c) suspected fraudulent, abusive, or illegal activity; or (d) extended periods of inactivity.

16.3 Effect of Termination

Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete your account and all associated data; and (c) we have no obligation to retain or provide you with any content from your account.

16.4 Survival

The following sections shall survive termination: Section 5 (User Content and Intellectual Property), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Governing Law), Section 14 (Arbitration Agreement), Section 15 (Class Action and Jury Trial Waiver), and any other provisions that by their nature should survive.

18.1 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

18.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website and updating the “Last Updated” date. For registered users, we may also send email notification of material changes. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

19.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the Company's prior written consent. The Company may freely assign these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

19.6 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.7 Notices

Notices to you may be made via email to the address associated with your account or by posting on the Website. Notices to the Company should be sent to legal@beyondbeings.com.