ArtsPlay Terms of Service

Effective: August 11, 2026

Plain-Language Summary (for convenience only — the full text below controls). ArtsPlay is an AI creation hub at https://artsplay.ai that lets you generate images and video, animate characters, edit and enhance images, and organize your work, using 150+ third-party AI models. You must be 18 or older. You buy subscriptions that renew automatically until you cancel, and your credits pay for generations. You own your uploads, and we assign you our rights in what you generate — but you are responsible for what you create and how you use it. Sexual and adult content is completely prohibited, and you may never upload another person's likeness without their written consent. Our Content & Moderation Policy is a binding part of these Terms; breaking it is breaking this contract, and can cost you your account and your credits. Disputes are resolved by individual arbitration (you can opt out within 30 days). If any of that matters to you — and it should — read the full Terms.

IMPORTANT NOTICE — ARBITRATION AND CLASS WAIVER: SECTION 14 OF THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND ARTSPLAY ARE RESOLVED. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 14.8.

Table of Contents

1. Acceptance of These Terms
2. Eligibility
3. Accounts and Security
4. The Service and Third-Party Models
5. Your Content: Ownership and Licenses
6. Acceptable Use; Content & Moderation Policy
7. Uploaded Reference Content and Likeness Consent
8. Credits, Subscriptions, Auto-Renewal, and Payments
9. Copyright Policy (DMCA)
10. Moderation, Enforcement, Suspension, and Termination
11. Disclaimers of Warranties
12. Limitation of Liability
13. Indemnification
14. Dispute Resolution; Binding Arbitration; Class Waiver
15. Governing Law and Venue
16. California and State-Specific Notices
17. Global Users; Export Controls and Sanctions
18. Changes to These Terms
19. General Provisions
20. Contact

1. Acceptance of These Terms

1.1 The Agreement. These Terms of Service (these "Terms") are a binding agreement between you ("you," "User") and ArtsPlay ("ArtsPlay," "we," "us"), the operator of the AI creation service available at https://artsplay.ai (the "Service"). By clicking "I agree" (or a similar button or checkbox) at signup, creating an account, making a purchase, or accessing or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1.2 Incorporated Documents. The following are incorporated into these Terms by reference and are binding parts of this agreement:

1. the ArtsPlay Content & Moderation Policy (the "Policy"), available at https://artsplay.ai/content-policy, which governs all content and conduct on the Service. A violation of the Policy is a material breach of these Terms; and
2. the ArtsPlay Privacy Policy, available at https://artsplay.ai/privacy, which describes how we handle personal information; and
3. any plan-specific, checkout, or feature-specific disclosures we expressly designate as part of these Terms.

1.3 Defined Terms. "Inputs" means text prompts, uploaded reference images and videos, generation settings, and any other material you submit to the Service. "Outputs" means images, videos, edits, and other machine-generated material produced by the Service in response to your Inputs. "Content" or "Your Content" means your Inputs and Outputs together. These terms have the same meanings in the Policy.

1.4 Summaries Do Not Control. Plain-language summaries, headings, and callouts (including the summary box above) are provided for convenience only. If a summary conflicts with the full text of a provision, the full text controls.

2. Eligibility

2.1 18+ Only. You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater, to use the Service. By creating an account or using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms. Registration includes an affirmative age attestation, and you agree that your attestation may be relied upon and retained.

2.2 Not for Children. The Service is not directed to, and may not be used by, minors. If we learn that an account belongs to a person under the required age, we will terminate the account and delete associated personal data in accordance with the Privacy Policy and applicable law.

2.3 Prior Bans. If we previously terminated your account for violating these Terms or the Policy, you may not register a new account or use the Service without our prior written permission. Ban evasion is itself a violation.

3. Accounts and Security

3.1 Registration. An account with a verified email address is required for purchases and certain features. You must provide accurate, current, and complete registration information and keep it up to date. Unverified accounts may be restricted or removed. We may refuse, condition, or revoke any registration at our discretion, including for suspected fraud, abuse, ban evasion, or violation of these Terms, and we may reclaim or recycle usernames that are impersonating, infringing, or inactive.

3.2 One Account Per Person. Each account is for one individual. You may not (a) share your account or credentials with anyone; (b) sell, rent, lease, or transfer your account or credits; or (c) create or operate multiple accounts to obtain additional free credits, evade limits, or circumvent a suspension or termination.

3.3 Security; Responsibility for Activity. You are responsible for keeping your credentials confidential and for all activity under your account, whether or not authorized by you. Notify us promptly at support@artsplay.ai if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account resulting from your failure to safeguard your credentials.

4. The Service and Third-Party Models

4.1 What ArtsPlay Is. ArtsPlay is an AI creation hub. The Service currently includes: AI image generation from text prompts and reference images; AI video generation from text prompts, images, and reference videos; motion-control tools that animate a character image using the movement of a reference video; outfit and appearance swap tools; image editing and enhancement tools; moodboards for organizing creative references; and a personal library storing your generations for your later access.

4.2 Third-Party Models and Gateway. The Service provides access to more than 150 third-party AI models (for example, Kling, Seedance, Sora, Veo, Nano Banana, GPT Image, Wan, and Hailuo) through a unified third-party gateway. These models are developed, hosted, and controlled by third parties, not by ArtsPlay. You consent to your Inputs being transmitted to, and processed by, the applicable third-party model providers and gateway in order to fulfill your generation requests. Your use of a given model may be subject to that provider's usage policies in addition to these Terms — as identified within the Service or available from the respective providers — and you agree not to use the Service in a manner that violates restrictions ArtsPlay has communicated to you; provider-policy violations are enforced under the categories of the Content & Moderation Policy. We do not control third-party models and are not responsible for their availability, behavior, output quality, refusals, or changes to their terms.

4.3 An Evolving Service; No Model Guarantee. The Service evolves continuously. We may add, modify, suspend, degrade, rate-limit, or remove any feature, tool, model, or model version at any time, with or without notice — including where required by a third-party provider, a payment network, law, or operational, security, or compliance needs — without liability or refund obligation. No particular model is guaranteed to remain available. Credit-cost changes apply prospectively only and will never retroactively deduct credits from completed generations.

4.4 Non-Deterministic Results. Generative AI produces variable and sometimes unexpected results. The same prompt may yield different results at different times or for different users. A completed generation consumes the displayed credits regardless of whether the Output meets your expectations, and generations may be blocked or refused by upstream safety systems independent of ArtsPlay; such refusals are not defects in the Service. We may, in our discretion, re-credit failed generations.

4.5 Beta Features. We may offer alpha, beta, preview, experimental, or early-access features or models ("Beta Features"). Beta Features are provided "as is" and "as available," may be unstable, inaccurate, or incomplete, may change or be withdrawn at any time without notice, and may be subject to additional terms presented at access. To the maximum extent permitted by law, we disclaim all warranties and liability arising from Beta Features, and generations made with Beta Features consume credits notwithstanding output quality.

4.6 Availability. We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. The Service may be unavailable due to maintenance, upgrades, provider outages, network failures, or events beyond our reasonable control, and we may suspend it in whole or in part where reasonably necessary for security, legal, or operational reasons.

5. Your Content: Ownership and Licenses

5.1 Your Inputs. As between you and ArtsPlay, you retain all right, title, and interest in and to your Inputs.

5.2 Outputs Assigned to You. As between you and ArtsPlay, to the extent permitted by applicable law and by the terms of the third-party model providers whose models generated the Output, and conditioned on your compliance with these Terms (including payment of applicable fees), ArtsPlay assigns to you all of its right, title, and interest, if any, in and to the Outputs you generate through the Service. This assignment does not extend to (a) Output content that infringes or violates the rights of a third party; (b) third-party or open-source material contained in an Output; or (c) similar or identical Outputs independently generated by or for other users.

5.3 No Copyright or Uniqueness Warranty. Outputs are machine-generated. Under current U.S. Copyright Office practice, purely AI-generated material may not be protectable by copyright, which requires human authorship. Due to the nature of machine learning, Outputs may not be unique: other users may receive the same or substantially similar Outputs, and Outputs may resemble existing works, styles, trademarks, persons, or characters. ArtsPlay makes no representation or warranty that any Output is original, unique, non-infringing, free of third-party rights, copyrightable, or fit for any purpose. You — not ArtsPlay — are responsible for clearing your use of Outputs (including trademark, copyright, and likeness clearance) before publishing, selling, or otherwise exploiting them, and neither you nor ArtsPlay will assert claims against the other or against other users based on independently generated similar content.

5.4 Your License to ArtsPlay. You grant ArtsPlay a worldwide, non-exclusive, royalty-free, sublicensable (to our infrastructure, gateway, and model providers as needed to operate the Service) license to host, store, reproduce, process, transmit, modify (for example, reformat or compress), and display Your Content, as necessary to: (a) provide, maintain, and operate the Service, including generating Outputs from your Inputs and operating your library and moodboards; (b) develop, improve, and secure the Service; (c) moderate content, enforce these Terms and the Policy, comply with law, and respond to legal process; and (d) create de-identified or aggregated data that does not identify you. ArtsPlay does not use Your Content to train AI models. This license survives termination solely to the extent needed for backups, legal compliance, dispute resolution, and enforcement.

5.5 Showcase Only With Consent. We will not publicly display Your Content for marketing, showcase, or community-gallery purposes except with your consent (for example, an explicit opt-in or a sharing action you take). You may withdraw showcase consent prospectively at any time by emailing support@artsplay.ai.

5.6 Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable right to use them without restriction or compensation.

5.7 ArtsPlay Property. The Service — including its software, interfaces, design, text, graphics, and trademarks, but excluding Your Content — is owned by ArtsPlay or its licensors and protected by intellectual-property laws. You receive only a limited, revocable, non-exclusive, non-transferable right to use the Service as permitted by these Terms. No other rights or implied licenses are granted.

5.8 Loss of Content. The personal library is a convenience, not an archival or backup service. Maintain your own copies of Your Content; we are not liable for deletion, corruption, or failure to store any content.

6. Acceptable Use; Content & Moderation Policy

6.1 The Policy Is Binding. All Inputs, prompts, uploads, and Outputs — and all your conduct on the Service — must comply with the ArtsPlay Content & Moderation Policy, which is incorporated into these Terms by reference. The Policy prohibits, among other things: all sexual and adult content (a platform-wide, absolute prohibition); any sexualization of minors (zero tolerance, reported to NCMEC and law enforcement as required by law); non-consensual intimate imagery and sexual deepfakes; deceptive deepfakes and impersonation; election interference; violence, extremism, and threats; self-harm promotion; hate and harassment; illegal activity and fraudulent documents; doxxing and surveillance; and infringement of intellectual-property and publicity rights. Attempting a violation — including prompting for prohibited content — is itself a violation, even if no Output is generated. Any violation of the Policy is a material breach of these Terms.

6.2 Technical Misuse. You will not: (a) access the Service by automated means (scraping, crawling, botting, scripted bulk requests) except through interfaces we expressly provide; (b) reverse engineer, decompile, or attempt to derive source code, model weights, system prompts, or underlying components of the Service, except to the extent this restriction is prohibited by law; (c) resell, sublicense, or redistribute raw access to the Service, models, or gateway, or operate the Service as a backend for a competing generation product; (d) circumvent, disable, or interfere with rate limits, credit accounting, metering, content moderation, safety filters, or billing controls, or exploit bugs to obtain generations without credit deduction (credits or Outputs obtained this way may be reversed or removed); (e) jailbreak, prompt-inject, or otherwise attempt to evade safety systems operated by ArtsPlay or upstream providers; (f) introduce malware or interfere with or overload the Service; or (g) benchmark or analyze the Service or its models for a competing product without our prior written consent.

6.3 No Competing-Model Training. You may not use Outputs to train, fine-tune, or improve competing AI models where the terms or policies of the third-party model provider that produced the Output prohibit such use. You are responsible for knowing which model produced your Output and the downstream restrictions that provider imposes.

6.4 Synthetic Media; No High-Stakes Reliance. You acknowledge that all Outputs are AI-generated synthetic media. Outputs may be inaccurate, incomplete, offensive, or misleading; may depict things that never occurred; and are not professional advice of any kind (medical, legal, financial, or otherwise). You must evaluate each Output — including its accuracy, legality, and whether its use would violate anyone's rights — before using, publishing, or relying on it. You use Outputs at your own risk.

6.5 Provenance and Labeling. You may not remove, alter, obscure, or falsify watermarks, content credentials, provenance metadata, or AI-disclosure signals applied to Outputs by ArtsPlay or any underlying model provider, or assist others in doing so. You may not present Outputs as authentic captured photography or footage, or as human-created, in contexts where authenticity materially matters (for example, news, evidence, insurance claims, scientific or medical records, or official documentation), and you should disclose AI generation whenever a realistic Output could otherwise mislead a reasonable viewer.

7. Uploaded Reference Content and Likeness Consent

7.1 Your Representations. For any reference image, video, or other material you upload — especially content used with the motion-control and outfit/appearance-swap tools — you represent and warrant that: (a) you own the content or hold all rights, licenses, consents, and permissions necessary to upload and use it with the Service, including AI generation, animation, and appearance modification; (b) where the content depicts any real, identifiable person (their image, likeness, video, or voice), that person is either you, or you have obtained that person's prior written consent to the use of their likeness with such tools, and you will produce evidence of that consent upon our request; and (c) the content and your use of it violate no law and no third-party right, including rights of publicity, privacy, and copyright.

7.2 Minors — Absolute Prohibition. Uploaded reference content may never depict a minor (any person under 18, or under the age of majority in the relevant jurisdiction, whichever is greater). This prohibition is absolute and applies regardless of any consent, including parental consent, and regardless of intended use. Violations result in immediate account termination and, where required or permitted by law, preservation of relevant data and reporting to relevant authorities.

7.3 Our Rights; Your Responsibility. We may review, decline to process, remove, or delete any uploaded content at any time, at our sole discretion, with or without notice. We are not obligated to pre-screen uploads, and a failure to remove content is not an endorsement of it. You are solely responsible for your uploads and their consequences, and Section 13 (Indemnification) applies to claims arising from them, including claims by persons depicted in them.

7.4 Biometric Data. Performing the generation you request may involve the automated processing of images and videos you upload — including detection of facial or body geometry — by the Service and by the third-party model providers that fulfill the request, solely as needed to perform that generation. You acknowledge and consent to this processing for your uploads of your own likeness. For any other real person depicted in your uploads, you represent and warrant that you have obtained that person's prior written consent sufficient under applicable biometric-privacy laws (including, where applicable, the Illinois Biometric Information Privacy Act and the Texas Capture or Use of Biometric Identifier Act) and will provide it on request. ArtsPlay does not use uploaded content to identify individuals, does not sell, lease, trade, or otherwise profit from biometric identifiers or biometric information, and does not retain biometric identifiers derived from your uploads beyond the stored Inputs and Outputs themselves; retention and deletion are further described in the Privacy Policy.

8. Credits, Subscriptions, Auto-Renewal, and Payments

8.1 Credits. Generations consume credits. Credit costs vary by model, tool, and settings (for example, resolution, duration, or output count) and may change prospectively. The credit cost of a generation is displayed before you initiate it; by initiating it, you authorize deduction of the displayed credits. Credits are a limited, non-exclusive, non-transferable, revocable license to consume Service features. Credits are not money, property, a deposit, a gift card, or stored value; have no cash value; are not redeemable for cash (except where required by law); may not be sold, transferred, or exchanged; and may be revoked for fraud, abuse, or breach. Credits are granted per billing cycle. Unused credits roll over from cycle to cycle and remain usable while your subscription remains active; plan-specific credit amounts are disclosed at purchase, and all unused credits expire on account closure or termination (subject to Section 10.6).

8.2 Plans. We currently offer the following subscription plans, each with monthly billing or discounted annual billing:

Plan features, pricing, and credit allotments are described at the point of purchase and may change prospectively; changes will not affect a billing period you have already paid for. Prices exclude taxes.

8.3 AUTOMATIC RENEWAL — CONSENT AND CANCELLATION. ALL SUBSCRIPTIONS RENEW AUTOMATICALLY UNTIL YOU CANCEL: MONTHLY PLANS RENEW EACH MONTH ON YOUR BILLING DATE, AND ANNUAL PLANS RENEW EVERY 12 MONTHS. AT EACH RENEWAL, YOUR SAVED PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE OF YOUR PLAN, PLUS APPLICABLE TAXES, AND YOUR PLAN'S CREDITS FOR THE NEW CYCLE WILL BE GRANTED. The renewal price, billing frequency, and cancellation method are disclosed at checkout, and your consent to the auto-renewal terms is captured through a separate affirmative act (such as a checkbox or clearly labeled purchase button) before you are charged. After purchase, we will send an acknowledgment that includes the auto-renewal terms and cancellation instructions. We will also send: (a) for annual plans, a renewal reminder to your registered email address between 15 and 45 days before each renewal date, identifying the plan, the renewal price, and how to cancel; and (b) for all subscribers, at least one reminder notice per year containing the plan, price, billing frequency, and cancellation method.

8.4 Cancellation. You may cancel at any time through your account settings online — a method at least as easy as signing up — or by emailing support@artsplay.ai. Cancellation takes effect at the end of your current billing cycle; you retain access to paid features and remaining credits until then, and you will not be charged again after a timely cancellation.

8.5 Price Changes. If the price of your active subscription changes, the change takes effect at the start of your next billing cycle, and we will notify you (for example, by email or in-Service notice) reasonably in advance — and in any event as required by law — so you can cancel before the new price applies. Continued use after the effective date constitutes acceptance of the new price.

8.6 Refunds. Except where required by applicable law or expressly stated in writing by ArtsPlay, all payments are final and non-refundable, including for consumed credits, unused credits, partially used billing periods, downgrades, dissatisfaction with Outputs (generative AI output is inherently variable), and the modification or removal of any model or feature. On cancellation, access continues to the end of the paid period with no pro-rata refund except where required by law. Nothing in this section limits any non-waivable statutory rights you may have.

8.7 Payment Processing. Payments are processed by a third-party card processor; digital wallets (such as Google Pay or Apple Pay) may be offered. Your card details are collected and handled by the processor, not by ArtsPlay; we do not store full card numbers. Purchases require a registered, email-verified account. You represent that you are authorized to use any payment method you provide, and your use of it is also subject to the processor's and your card issuer's terms. Keep your billing information current.

8.8 Failed Payments. If a renewal charge fails, we may retry it and may suspend or downgrade paid features (including pausing credit grants) until payment succeeds. We may treat repeated payment failure as a cancellation.

8.9 Chargebacks. If you believe a charge is in error, contact support@artsplay.ai before disputing it with your bank. Initiating a chargeback on a valid charge for credits or service actually delivered, or a pattern of abusive chargebacks, is a material breach of these Terms; we may suspend or terminate your account, revoke associated credits, and recover reversed amounts, dispute fees, and collection costs to the extent permitted by law.

8.10 Free and Promotional Credits. We may grant free, trial, bonus, or promotional credits at our discretion. They may carry expiration dates and usage conditions, may be modified or revoked at any time, have no cash value, and are not eligible for refunds.

8.11 Taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes, duties, and governmental charges (other than taxes on ArtsPlay's net income), which we may collect where required.

9. Copyright Policy (DMCA)

9.1 Respect for IP. ArtsPlay respects intellectual-property rights and expects Users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), and we maintain a Designated Copyright Agent for that purpose (Section 9.2).

9.2 Designated Agent. Send copyright notices to our Designated Copyright Agent — Copyright Agent, ArtsPlay — at dmca@artsplay.ai (subject line: "DMCA Notice"). A mailing address and telephone number for the Designated Agent are available upon request to support@artsplay.ai and, once listed, in the U.S. Copyright Office's DMCA Designated Agent Directory. This address is for copyright notices and counter-notices only; other reports go to support@artsplay.ai.

9.3 Valid Notice. To be effective under 17 U.S.C. § 512(c)(3), your written notice must include: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed (or a representative list); (3) identification of the allegedly infringing material with information reasonably sufficient to locate it (for example, a URL or generation identifier); (4) your name, address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. Knowingly materially misrepresenting that material is infringing (or was removed by mistake) may subject you to liability for damages under 17 U.S.C. § 512(f).

9.4 Our Response. Upon receipt of a valid notice, we will expeditiously remove or disable access to the identified material and take reasonable steps to notify the User who submitted or generated it.

9.5 Counter-Notice. If you believe your material was removed by mistake or misidentification, you may send the Designated Copyright Agent a written counter-notice including: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury of your good-faith belief that the material was removed by mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your district (or, if outside the United States, any judicial district in which ArtsPlay may be found) and will accept service of process from the original complainant or their agent. If we receive a valid counter-notice, we will restore the material in not less than 10 and not more than 14 business days following its receipt, unless our Designated Agent first receives notice that the original complainant has filed a court action seeking to restrain the allegedly infringing activity. This does not limit our independent right to remove or keep down material that violates the Policy or these Terms on other grounds.

9.6 Repeat Infringers. We will terminate, in appropriate circumstances, the accounts of Users determined to be repeat infringers, and may restrict or terminate any account for infringement in our discretion.

9.7 Other IP Complaints. Trademark, right-of-publicity, and other non-copyright IP complaints should be sent to support@artsplay.ai with equivalent identifying detail; we will review and act on them through an analogous process.

10. Moderation, Enforcement, Suspension, and Termination

10.1 You Are Responsible for Your Content. You are solely responsible for your Inputs, your Outputs, and every use you make of them, including publishing, distributing, or selling them. Outputs are generated at your direction from your Inputs. ArtsPlay is a provider of an interactive computer service within the meaning of 47 U.S.C. § 230; we do not endorse, adopt, or assume responsibility for any User content.

10.2 Right — Not Obligation — to Moderate. We have no obligation to pre-screen, monitor, review, or edit content, but we may, in our sole discretion and at any time, screen, filter, refuse, restrict, remove, or disable access to any content we believe violates these Terms, the Policy, model-provider requirements, card-network rules, or applicable law, or that creates risk or potential liability. Consistent with 47 U.S.C. § 230(c)(2), voluntary good-faith moderation — and any decision not to moderate — creates no duty of care and shall not be the basis of any liability to you or any third party. Automated classifiers and human review may be used; the presence or absence of filtering is not a representation about any content.

10.3 Enforcement Actions. Depending on severity and history, we may apply any of: warning; content removal; generation blocking or withholding of Outputs; feature restriction; credit reversal or forfeiture; account suspension; permanent termination; and referral to law enforcement. Zero-tolerance categories identified in the Policy (including child safety, non-consensual intimate imagery, terrorism, and card-network absolute prohibitions) result in immediate permanent termination without refund. We may — but are not obligated to — give warnings first. Enforcement decisions may be appealed as described in the Policy by writing to support@artsplay.ai.

10.4 Termination by You. You may stop using the Service and close your account at any time via account settings or by emailing support@artsplay.ai. Data and library deletion timelines are described in the Privacy Policy.

10.5 Suspension or Termination by ArtsPlay. We may suspend, restrict, or terminate your access or account at any time, with or without notice, if we believe in good faith that: (a) you violated these Terms, the Policy (including the absolute prohibition on sexual or adult content), or applicable law; (b) your conduct creates legal, security, fraud, chargeback, compliance, or reputational risk for ArtsPlay, our processors, or our model providers; (c) suspension or termination is required by law, a card network, a payment processor, or a model provider; or (d) your account has been inactive for an extended period after notice. We may discontinue the Service or any feature at any time; where reasonably practicable, we will give advance notice of a full discontinuation.

10.6 Effect of Termination. Upon termination: (a) your right to access the Service ends immediately; (b) if termination is for cause under Section 10.5(a) or (b), all unused credits and any remaining subscription period are forfeited without refund, to the maximum extent permitted by law; (c) if we terminate your account without cause, or discontinue the Service entirely, we will refund the unused portion of your current prepaid subscription period on a pro-rata basis and will either provide a reasonable wind-down period (targeting 30 days) to use outstanding credits or refund their allocable value, in addition to any remedy required by applicable law; (d) we may delete Your Content and account data after a reasonable period, subject to legal retention obligations, with no obligation to provide copies after termination; and (e) amounts you owe become immediately due. If an enforcement action is reversed on appeal, we will restore wrongly removed content or access and re-issue wrongly forfeited credits.

10.7 Legal Process; Preservation. We may preserve and disclose content and account data where we believe in good faith it is necessary to comply with law, legal process, or mandatory reporting obligations (including reports to the National Center for Missing & Exploited Children under 18 U.S.C. § 2258A), to enforce these Terms, or to protect the safety of any person, consistent with the Privacy Policy and applicable law. Data related to zero-tolerance violations may be preserved for law enforcement.

11. Disclaimers of Warranties

11.1 AS IS; AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL OUTPUTS, AND ALL RELATED SOFTWARE, MODELS, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ARTSPLAY AND ITS SUPPLIERS, LICENSORS, AND MODEL PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.

11.2 No Uptime, Results, or Output Warranty. ARTSPLAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY OUTPUT WILL BE ACCURATE, UNIQUE, NON-INFRINGING, PROTECTABLE, INOFFENSIVE, OR MEET YOUR REQUIREMENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY CONTENT WILL BE PRESERVED. NO WARRANTY IS MADE REGARDING THE BEHAVIOR, AVAILABILITY, OR OUTPUT QUALITY OF ANY THIRD-PARTY MODEL.

11.3 Jurisdictional Savings. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE THEY APPLY TO THE FULLEST EXTENT PERMITTED, AND ANY NON-EXCLUDABLE WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW.

12. Limitation of Liability

12.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTSPLAY OR ITS OPERATOR, SUPPLIERS, LICENSORS, OR MODEL PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, CONTENT, OR ANTICIPATED SAVINGS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTSPLAY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID ARTSPLAY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12.3 Scope; Basis of the Bargain. THESE LIMITATIONS APPLY TO ALL CLAIMS AND THEORIES — WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THEY REFLECT A REASONABLE ALLOCATION OF RISK AND AN ESSENTIAL BASIS OF THE BARGAIN, WITHOUT WHICH THE PRICING OF THE SERVICE WOULD DIFFER MATERIALLY.

12.4 Exceptions. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING, WHERE APPLICABLE, LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT) OR LIMITS ANY NON-WAIVABLE CONSUMER RIGHT. WHERE A JURISDICTION DOES NOT ALLOW A PARTICULAR LIMITATION, THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED AND IS VOID ONLY TO THE EXTENT PROHIBITED.

13. Indemnification

13.1 Your Indemnity. To the maximum extent permitted by law, you will defend, indemnify, and hold harmless ArtsPlay and its operator, officers, contractors, agents, suppliers, licensors, and model providers (the "Indemnified Parties") from and against all claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any Input you submit (including uploaded reference content) or any Output you generate, publish, distribute, or otherwise use; (b) your access to or use of the Service, or activity under your account; (c) your violation of these Terms, the Policy, or any law or regulation; (d) your actual or alleged infringement, misappropriation, or violation of any intellectual-property, publicity, privacy, or other right of any person — including claims that an Output or upload depicts, imitates, or misappropriates a person's name, image, likeness, voice, or identity (including deepfake or synthetic-media claims and claims by persons depicted in your uploads); or (e) any dispute between you and a third party relating to Your Content or your use of Outputs. The foregoing obligations do not apply to the extent a claim arises from ArtsPlay's own gross negligence, willful misconduct, or material breach of these Terms.

13.2 Procedure. ArtsPlay may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully. You may not settle any claim in a manner that imposes any obligation or admission on an Indemnified Party without our prior written consent.

14. Dispute Resolution; Binding Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS ACTIONS. YOU MAY OPT OUT UNDER SECTION 14.8.

14.1 Informal Resolution First. Before filing an arbitration demand or any permitted court claim, the party asserting a dispute must send the other a written notice describing the nature and basis of the claim and the relief requested. Send yours to support@artsplay.ai (subject line: "Notice of Dispute") with your account email; we will send ours to your account email. The parties will negotiate in good faith for sixty (60) days from receipt before commencing any proceeding. This process is a condition precedent to arbitration or litigation, and applicable limitation periods are tolled during it.

14.2 Agreement to Arbitrate. Except as provided in Section 14.5, you and ArtsPlay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Policy, the Service, or Outputs — including formation, breach, termination, enforcement, interpretation, or validity, on any legal theory — will be resolved by final and binding arbitration on an individual basis, governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA").

14.3 Rules and Procedure. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Section 14, before a single arbitrator. Fees are allocated as provided by the AAA Consumer Arbitration Rules. Proceedings will be in English; hearings, if any, may be by videoconference unless the arbitrator requires an in-person hearing, which will occur as the AAA consumer rules provide. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides any dispute regarding the enforceability of the class waiver in Section 14.4. Judgment on the award may be entered in any court of competent jurisdiction.

14.4 Class Action and Jury Waiver. YOU AND ARTSPLAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate claims or award relief affecting anyone other than the individual claimant — except that, where a waiver of public injunctive relief is unenforceable under applicable law (including California law), a claim for public injunctive relief may be pursued in court after arbitration of all arbitrable claims. If the class waiver is found unenforceable or unlawful as to a particular dispute, then this agreement to arbitrate is void as to that dispute, which shall proceed in court under Section 15, and all other disputes remain subject to arbitration.

14.5 Carve-Outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect or enforce intellectual-property rights or to stop unauthorized access to or abuse of the Service, in each case without first arbitrating or completing the informal process.

14.6 Mass Filings. If twenty-five (25) or more arbitration demands presenting similar claims are filed against ArtsPlay by or with the assistance of the same or coordinated counsel or organizations, the parties agree that: (a) the AAA Mass Arbitration Supplementary Rules and their fee schedules apply where applicable; (b) the demands will be resolved in staged proceedings, beginning with a bellwether set of up to ten (10) demands per side selected by the parties, with filing and administration fees due only for demands actually proceeding in a stage; (c) remaining demands will be held in abeyance, with all applicable limitation periods tolled from filing through the conclusion of the staged process, pending the bellwether outcomes and a single mediated global-resolution attempt not to exceed sixty (60) days; (d) any demand still held in abeyance more than one hundred eighty (180) days after the final bellwether award may, at the claimant's election, proceed in arbitration or in small-claims court without further delay; and (e) if this subsection is found unenforceable, the affected demands shall proceed in court under Section 15. This subsection does not limit any party's substantive rights or remedies.

14.7 Two-Year Limitation Period. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced (by delivering a notice of dispute under Section 14.1 and thereafter filing) within two (2) years after the claim accrues, or it is permanently barred. This limitation does not apply where prohibited by law, and does not shorten the limitations period for claims under statutes that prohibit contractual shortening (including statutory consumer-protection claims such as those under the California Consumers Legal Remedies Act).

14.8 30-Day Opt-Out Right. You may opt out of this arbitration agreement (including the class waiver) by emailing support@artsplay.ai (subject line: "Arbitration Opt-Out") within thirty (30) days of first accepting these Terms, stating your name, account email, and a clear statement that you opt out of arbitration. Opting out will not affect your access to the Service or any other provision of these Terms.

14.9 Severability; Survival; Changes. Except as stated in Sections 14.4 and 14.6, if any part of this Section 14 is found unenforceable, the remainder remains in effect. This Section 14 survives termination. Material changes to this Section 14 will not apply to disputes for which a notice of dispute was received before the change took effect, and will re-open a 30-day opt-out window as to the changed provisions.

15. Governing Law and Venue

15.1 Governing Law. The FAA governs Section 14, and applicable U.S. federal law applies where it governs. Otherwise, if you reside in the United States, these Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the state where you reside, without regard to conflict-of-laws principles. If you reside outside the United States, the laws of the State of Delaware govern, without depriving you of mandatory consumer protections of the jurisdiction where you reside that apply notwithstanding a choice-of-law clause.

15.2 Venue. For any claim not subject to arbitration and not brought in small-claims court, you and ArtsPlay consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in the county and state where you reside if you reside in the United States, and otherwise the state and federal courts located in Delaware.

16. California and State-Specific Notices

16.1 California Consumer Notice (Cal. Civ. Code § 1789.3). The Service is provided by ArtsPlay, reachable at support@artsplay.ai; ArtsPlay's business mailing address is available upon written request to that address. Current pricing is stated in Section 8.2 and at checkout. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, to resolve a complaint or receive further information.

16.2 California Auto-Renewal. For California subscribers (and subscribers in states with similar laws): the automatic-renewal terms in Sections 8.3–8.5 are presented clearly and conspicuously before purchase; your affirmative consent is obtained before charging; an acknowledgment with the terms and cancellation instructions is provided after purchase; and you may cancel online at any time through your account settings, a method at least as easy as the method used to subscribe.

16.3 Savings. Any provision of these Terms limiting rights or remedies applies only to the extent permitted by applicable law and is void where prohibited; no provision is intended to state or imply that a right guaranteed to you by the law of your state does not exist.

17. Global Users; Export Controls and Sanctions

17.1 US-Focused Service. ArtsPlay operates the Service from the United States. We make no representation that the Service is available, appropriate, or lawful in any other location. If you use the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. support@artsplay.ai is the single point of contact for users and authorities.

17.2 EU/UK Consumers. Where you are a consumer in a jurisdiction with a statutory withdrawal ("cooling-off") right for digital services, by purchasing you request immediate performance (immediate credit grant and access) and acknowledge that you thereby lose the withdrawal right to the extent the service has been performed, except as applicable law otherwise requires.

17.3 Export and Sanctions. You may not use the Service in violation of U.S. export-control or sanctions laws, including regulations of the U.S. Department of Commerce and the U.S. Treasury's Office of Foreign Assets Control (OFAC). You represent that you are not located in, ordinarily resident in, or acting on behalf of any embargoed or comprehensively sanctioned jurisdiction and are not on any U.S. restricted-party list (including the SDN List), and you may not export, re-export, or provide access to the Service or Outputs in violation of these laws.

18. Changes to These Terms

We may modify these Terms and the Policy from time to time, including to maintain compliance with the requirements of payment networks, payment processors, and model providers. For material changes, we will provide reasonable advance notice (for example, email to your registered address or prominent in-Service notice) and update the effective date. Changes apply prospectively only; material changes to commerce terms will not apply retroactively to a billing period you have already paid for. Your continued use of the Service after the effective date constitutes acceptance; if you do not agree, stop using the Service and cancel under Section 8.4. Changes to Section 14 are further governed by Section 14.9.

19. General Provisions

19.1 Entire Agreement. These Terms — together with the Content & Moderation Policy, the Privacy Policy, and the incorporated disclosures identified in Section 1.2 — are the entire agreement between you and ArtsPlay regarding the Service and supersede all prior or contemporaneous understandings. No third party is a beneficiary of these Terms except the Indemnified Parties under Section 13 and the protected parties under Sections 11 and 12.

19.2 Severability. If any provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permissible and otherwise deemed modified to the minimum extent necessary or severed, and the remaining provisions remain in full force (subject to the specific rules in Section 14).

19.3 Assignment. You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent; any attempted assignment is void. ArtsPlay may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, incorporation of the business, or sale of assets.

19.4 No Waiver. No failure or delay by ArtsPlay in exercising any right is a waiver of it. A waiver is effective only in writing signed by ArtsPlay and only for the specific instance waived.

19.5 Force Majeure. ArtsPlay is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, denial-of-service or other attacks, and failures or restrictions of third-party model providers, gateways, hosting providers, payment processors, or card networks.

19.6 Notices. We may give you notice by email to your registered address, by in-Service message, or by posting at https://artsplay.ai; notice is deemed given upon sending or posting. Legal notices to ArtsPlay must be emailed to support@artsplay.ai (or dmca@artsplay.ai for copyright notices only) and are deemed received upon our written acknowledgment or, absent acknowledgment, five (5) business days after sending. Keep your account email current.

19.7 Electronic Communications and Signatures. You consent to receive all communications, agreements, disclosures, renewal reminders, and notices electronically, and you agree electronic delivery satisfies any writing requirement. Your electronic acceptance of these Terms (clicking "I agree," creating an account, or using the Service) is a valid signature forming a binding contract under the U.S. E-SIGN Act and applicable state law. You may withdraw consent to electronic delivery only by closing your account.

19.8 Government Use. If you use the Service on behalf of a U.S. government entity, the Service and related software are "commercial products" and "commercial computer software" under FAR 2.101 and DFARS 252.227-7014, licensed to the government only with the rights granted to all other Users, consistent with FAR 12.211/12.212 and DFARS 227.7202.

19.9 Interpretation. Headings are for convenience only; "including" means "including without limitation"; no rule of construction applies against the drafter. These Terms are drafted in English, and the English version controls over any translation.

19.10 Survival. Sections 5.3–5.8, 6, 7, 8.6, 8.9, 9.6, 10, 11, 12, 13, 14, 15, 16.3, 17, and 19 survive any termination or expiration of these Terms or your account.

20. Contact

• General inquiries, reports, appeals, notices of dispute, arbitration opt-outs, and non-copyright IP complaints: support@artsplay.ai
• Copyright (DMCA) notices and counter-notices only: dmca@artsplay.ai

ArtsPlay Terms of Service — Effective August 11, 2026. See also the ArtsPlay Content & Moderation Policy (effective August 11, 2026), which is part of these Terms, at https://artsplay.ai/content-policy, and the ArtsPlay Privacy Policy at https://artsplay.ai/privacy. These Terms are available at https://artsplay.ai/terms.