Terms of Service

Introduction

Welcome to Happy Oyster AI. These Terms of Service ("Terms") govern your use of our website and AI image and video generation services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use our services under any circumstances.

Use of Services

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, secure, or error-free.

You agree to use our services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of our services complies with all applicable laws and regulations.

User Accounts

When you create an account with us, you must provide accurate and complete information. You are responsible for:

• Safeguarding your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

AI-Generated Content Disclaimer

Our services use artificial intelligence to generate images and videos based on your input. You acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated content may contain errors, inaccuracies, or unexpected results. We do not guarantee that the output will meet your expectations or be suitable for any particular purpose.
• Variation in Results: The same input may produce different results at different times due to the nature of AI systems.
• No Endorsement: AI-generated content does not represent our views, opinions, or endorsements.
• User Responsibility: You are solely responsible for reviewing and verifying any AI-generated content before use.
• Third-Party AI Providers: We may use third-party AI service providers to process your requests. These providers are bound by confidentiality obligations.

Content Restrictions

You agree NOT to use our services to create, upload, or generate content that:

• Illegal Content: Violates any applicable local, national, or international law
• Harmful Content: Promotes violence, terrorism, self-harm, or harm to others
• Explicit Content: Contains pornography, sexually explicit material, or content depicting minors in any inappropriate context
• Hateful Content: Promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Intellectual Property Infringement: Infringes upon copyrights, trademarks, patents, or other intellectual property rights of third parties
• Privacy Violations: Contains personal information of others without their consent, or creates realistic depictions of real individuals without authorization
• Fraudulent Content: Is intended to deceive, defraud, or mislead others
• Malicious Content: Contains malware, viruses, or other harmful code
• Spam or Abuse: Is designed to spam, harass, or abuse our systems or other users

We reserve the right to remove any content that violates these restrictions and to suspend or terminate accounts that repeatedly violate these Terms.

Intellectual Property

Our Intellectual Property

Our website, including its design, features, and functionality, is owned by us and is protected by international copyright, trademark, and other intellectual property laws.

Your Content

You retain all rights to any content you submit or upload to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing our services to you.

AI-Generated Content

AI-generated content created through our services is provided for your use. We do not claim ownership of content you create using our services. However, you are responsible for ensuring that your use of AI-generated content complies with all applicable laws and does not infringe on the rights of others.

Content Showcase

By using our services, you grant Happy Oyster AI the right to display, feature, and showcase AI-generated content you create through our platform for promotional, marketing, and demonstration purposes. This includes, but is not limited to:

• Featuring your generated images or videos on our website, social media, or marketing materials
• Using your content as examples to demonstrate our AI capabilities
• Including your content in galleries or showcase sections of our platform

We will not associate your personal information with showcased content unless you explicitly consent. If you prefer that your content not be featured, please contact us at support@happyoysterai.net to opt out.

Payment and Billing

Subscription Plans

If you purchase a subscription plan, you agree to the following:

• Recurring Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually) until you cancel.
• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• Monthly Credits: Subscription plans include a monthly credit allocation. These credits are granted at the start of each billing cycle and expire after 30 days. Unused subscription credits do not roll over to the next month.
• Price Changes: We may change prices and credit consumption rates at any time, including subscription fees, credit package pricing, and the credits required for models and features.

Credit Packages

Credit packages are one-time purchases for users who need additional credits.

Refund Policy

• All Sales Final: All sales are final. We do not provide refunds, except where required by applicable law.
• Cancellations: You may cancel your subscription at any time. Access remains active until the end of the current billing period.

Payment Processing

All payments are processed securely through Stripe. We do not store your full credit card information.

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You engage in fraudulent or illegal activity
• Your use of our services poses a risk to us or other users
• We are required to do so by law

Upon termination, your right to use our services will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive.

Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, data, or business opportunities
• Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim

These limitations apply regardless of the legal theory on which the claim is based.

Indemnification

You agree to indemnify, defend, and hold harmless Happy Oyster AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you create, upload, or generate using our services

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on this page and updating the effective date. Your continued use of our services after any changes constitutes acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please contact us at support@happyoysterai.net.