Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Gizmoji (“we”, “us”, or “our”) governing your access to and use of the Gizmoji platform, including all websites, applications, APIs, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Eligibility & account registration

2.1 Age requirement

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to create an account and use the Services.

2.2 Account security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must immediately notify us at support@gizmoji.com if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account where you have failed to safeguard your credentials.

2.3 Accurate information

You agree to provide accurate, current, and complete information during registration and to keep it updated. We reserve the right to suspend accounts with materially inaccurate information.

2.4 One account per person

Each individual may maintain only one account. Creating multiple accounts to circumvent usage limits, bans, or credit restrictions is grounds for immediate termination.

3. Description of services

Gizmoji is an AI-powered creative production platform that provides tools for generating, managing, and organizing digital creative assets — including images, videos, audio, 3D objects, and avatars — within a structured production workflow (projects, stories, scenes, shots).

The Services rely on third-party AI models to perform generation tasks. We act as an orchestration layer and do not independently create or train the underlying AI models. The availability, capabilities, and quality of specific models may change without prior notice due to upstream provider changes.

4. Credits, billing & payments

4.1 Credit system

The Services operate on a credit-based consumption model. Each AI generation task consumes credits based on the model used and the generation parameters. Credit costs for each model are published in our pricing configuration and may be updated from time to time.

4.2 Credit hold mechanism

When you submit a generation job, credits are pre-deducted (“held”) from your balance. Upon successful completion, the hold is released and any excess credits are returned. If the job fails, the full held amount is refunded to your balance. This ensures you are never charged for failed generations.

4.3 Purchasing credits

Credits can be purchased through our PCI-DSS Level 1 compliant payment processor. All prices are displayed in the currency specified at the time of purchase and are inclusive of applicable taxes unless stated otherwise.

4.4 Refund policy

• Failed generations — credits are automatically refunded to your in-platform balance. No action required.
• Purchased credits — credit purchases are generally non-refundable except: (a) where required by applicable consumer protection law; (b) in the event of a billing error confirmed by us; or (c) at our sole discretion for documented service issues.
• Subscriptions — if you cancel a subscription plan, you retain access and remaining credits through the end of the current billing cycle. No pro-rated refunds are issued for partial billing periods.
• Chargebacks — filing a chargeback or payment dispute without first attempting resolution through our support channels may result in immediate account suspension pending investigation.

4.5 Credit expiry

Purchased credits do not expire while your account remains active. Promotional or bonus credits may carry an expiry date, which will be clearly disclosed at the time of issuance. Upon account termination, all remaining credits are forfeited.

4.6 Pricing changes

We reserve the right to modify credit pricing or subscription plans at any time. Price increases for existing subscription holders will take effect at the start of the next billing cycle following at least 30 days’ notice.

5. Content ownership & intellectual property

5.1 Your content

You retain all rights, title, and interest in the content you create using the Services, including prompts, input materials, and generated outputs (“User Content”), subject to the following:

• You grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, display, transmit, cache, and deliver your User Content solely as necessary to provide, maintain, and improve the Services.
• This license terminates when you delete your content or your account, except where retention is required for legal compliance or as described in our Privacy Policy.

5.2 AI-generated content — rights & limitations

The legal status of AI-generated content under copyright law varies by jurisdiction and is evolving. While we assign you all rights we are able to assign in the generated outputs, you acknowledge:

• AI-generated content may not be eligible for copyright protection in all jurisdictions. We make no representations regarding the copyrightability of outputs.
• Other users using similar prompts may receive similar or visually comparable outputs. We do not guarantee the uniqueness of any generated content.
• Generated outputs may inadvertently resemble existing copyrighted works, trademarks, or the likeness of real individuals. You are solely responsible for verifying that your use of generated content does not infringe third-party rights.
• We do not claim ownership of your generated assets and will not use your generated content for marketing, promotional purposes, or AI model training without your explicit consent.

5.3 Platform intellectual property

All rights in the Platform — including the software, design, brand assets, trademarks, documentation, and any proprietary technology — remain exclusively ours. These Terms do not grant you any right to use our trademarks, logos, or brand names except as required to use the Services.

6. Acceptable use policy

You agree to use the Services only for lawful purposes. You must not use the Services to generate, store, or distribute any of the following:

6.1 Absolutely prohibited content

• Child sexual abuse material (CSAM) or any sexualized content involving minors — zero tolerance. Violations are immediately reported to NCMEC and applicable law enforcement.
• Non-consensual intimate imagery (NCII), including deepfakes or manipulated media depicting real individuals in sexual or degrading scenarios without their consent.
• Content that promotes, facilitates, or incites terrorism, violent extremism, or mass violence.
• Content that facilitates human trafficking, exploitation, or forced labour.

6.2 Restricted content

• Content that infringes on intellectual property rights, including unauthorized reproduction of copyrighted works, trademarks, or trade secrets.
• Realistic depictions of identifiable public or private individuals without their authorization, especially in misleading, defamatory, or harmful contexts.
• Fraudulent or deceptive content intended to mislead the public, manipulate elections, impersonate individuals or organizations, or create synthetic media passed off as authentic (disinformation).
• Content designed to harass, bully, threaten, stalk, or intimidate any individual or group.
• Malware, phishing materials, or content designed to facilitate cyberattacks.
• Spam, unsolicited bulk content, or automated scraping/crawling of the Platform.
• Content that violates any applicable law, regulation, or third-party rights in any jurisdiction.

6.3 Platform abuse

• Attempting to reverse-engineer, decompile, disassemble, or extract source code or model weights from the Services.
• Circumventing or manipulating rate limits, credit systems, security measures, or access controls.
• Using automated tools (bots, scrapers, scripts) to access the Services without prior written permission.
• Reselling, sublicensing, or redistributing access to the Services or underlying AI models without authorization.
• Interfering with or disrupting the integrity or performance of the Services or related infrastructure.

6.4 Enforcement

Violations may result in content removal, account suspension, permanent termination, credit forfeiture, and/or referral to law enforcement. We reserve the right to investigate and take appropriate action at our sole discretion, including cooperation with legal authorities.

7. Content moderation & safety

We employ automated content safety systems to screen prompts and outputs for policy-violating material. You acknowledge that:

• Automated systems may produce false positives (blocking permissible content) or false negatives (failing to catch violations). We continuously improve our filters but cannot guarantee perfect accuracy.
• Content flagged by safety systems may be blocked, removed, or quarantined without prior notice. Credits consumed by blocked generations will be refunded.
• We may review flagged content through limited human review for policy enforcement purposes. Such review is conducted under strict confidentiality and data minimization principles.
• We may report content to law enforcement or relevant authorities where we have a legal obligation or reasonable belief that the content involves criminal activity.

8. Third-party AI models & services

The Platform provides access to AI models operated by third-party providers. You acknowledge and agree that:

• Third-party model availability, capabilities, quality, and pricing may change without notice due to upstream provider decisions.
• We do not control and are not responsible for the outputs generated by third-party models. AI outputs are inherently probabilistic and may contain errors, biases, artefacts, or unexpected results.
• Specific models may be added, updated, deprecated, or removed at any time. We will endeavour to provide reasonable notice for significant model removals.
• Third-party services are subject to their own terms of service and privacy policies, which may impose additional restrictions on content generation.

9. Service availability & performance

9.1 Availability

We strive to maintain high availability but the Services are provided on an “as available” basis. We do not guarantee uninterrupted, error-free, or continuous access. Planned maintenance windows will be communicated in advance where possible.

9.2 Generation quality

AI generation outputs vary in quality based on prompts, model selection, parameters, and the inherent stochastic nature of generative AI. We do not guarantee specific quality levels, resolution, fidelity, or suitability for any particular purpose.

9.3 Rate limits & fair use

To ensure equitable access and platform stability, we enforce rate limits on API calls and generation requests. Exceeding rate limits may result in temporary throttling. Sustained excessive usage patterns may be addressed through account-level discussions or plan adjustments.

10. Intellectual property claims & DMCA

10.1 Reporting infringement

If you believe that content on the Platform infringes your copyright or other intellectual property rights, you may submit a notice to our designated agent:

Designated agent: support@gizmoji.com

Your notice must include:

• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and sufficient information to locate it on the Platform.
• Your contact information (name, address, email, phone).
• A statement that you have a good-faith belief that use is not authorized by the copyright owner.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the rights holder.
• Your physical or electronic signature.

10.2 Counter-notification

If you believe your content was removed in error, you may submit a counter-notification with: (a) identification of the removed content; (b) a statement under penalty of perjury that removal was a mistake; (c) your consent to jurisdiction; and (d) your signature. We will process counter-notifications in accordance with the DMCA and applicable law.

10.3 Repeat infringers

We maintain a policy of terminating accounts of repeat infringers in appropriate circumstances.

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF AI-GENERATED OUTPUTS.
• ANY WARRANTY THAT GENERATED CONTENT WILL NOT INFRINGE THIRD-PARTY RIGHTS OR RESEMBLE EXISTING WORKS.
• ANY WARRANTY REGARDING THE CONTINUED AVAILABILITY OF SPECIFIC AI MODELS OR FEATURES.

You acknowledge that AI-generated content is inherently probabilistic and may contain inaccuracies, biases, artefacts, or hallucinations. Generated content should not be relied upon as legal, medical, financial, or professional advice.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
• WE ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM: (I) YOUR RELIANCE ON AI-GENERATED OUTPUTS; (II) THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS RELATED TO GENERATED CONTENT; (III) ACTIONS OF THIRD-PARTY AI MODEL PROVIDERS; OR (IV) YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the minimum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Gizmoji, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Services.
• Your User Content or the use of AI-generated content you create through the Platform.
• Your violation of these Terms or any applicable law.
• Your infringement of any third-party right, including intellectual property, privacy, or publicity rights.
• Any claim by a third party arising from content you generated, published, or distributed using the Services.

14. Termination & suspension

14.1 By you

You may close your account at any time through your account settings or by contacting support@gizmoji.com. Upon account closure, your remaining credits are forfeited, and your data is handled as described in our Privacy Policy.

14.2 By us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms or our acceptable use policy.
• We are required to do so by law, regulation, or court order.
• Your account poses a security risk to the Platform or other users.
• We reasonably believe your account is involved in fraudulent activity.
• You fail to pay amounts due after reasonable notice.

14.3 Effect of termination

Upon termination: (a) all licenses granted to you under these Terms immediately cease; (b) you must stop using the Services; (c) remaining credits are forfeited (unless termination was due to our breach, in which case we will issue a pro-rata refund); (d) your stored assets will be available for download for 30 days following termination, after which they may be permanently deleted.

14.4 Survival

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, will survive termination of these Terms.

15. Dispute resolution & governing law

15.1 Governing law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

15.2 Informal resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute by contacting us at support@gizmoji.com. We will attempt to resolve the dispute informally within 30 days.

15.3 Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration administered under the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the seat of arbitration shall be Bangalore, India. The arbitrator’s award shall be final and binding.

15.4 Class action waiver

To the fullest extent permitted by law, you agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding.

15.5 Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

16. Export controls & sanctions

You represent that you are not located in, or a resident of, any country subject to comprehensive trade sanctions, and that you are not on any applicable restricted party list. You agree to comply with all applicable export control laws and trade sanctions in your use of the Services.

17. Force majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, power outages, internet or telecommunications failures, third-party provider outages, cyberattacks, or labour disputes.

18. Modifications to terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days’ notice via email or a prominent in-app notification before the changes take effect. The “Last updated” date at the top reflects the most recent revision. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Services and close your account.

19. General provisions

19.1 Entire agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Gizmoji regarding the Services, superseding all prior or contemporaneous agreements, understandings, or representations.

19.2 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, and the remaining provisions shall remain in full force and effect.

19.3 No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall only be effective if in writing and signed by an authorized representative.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, corporate restructuring, or sale of assets.

19.5 Notices

Notices to you will be sent to the email address associated with your account. Notices to us should be sent to support@gizmoji.com.

20. Risk disclosures

By using the Services, you acknowledge and accept the following risks:

20.1 AI output risks

• Accuracy — AI models may produce inaccurate, misleading, or nonsensical outputs. Generated content should always be reviewed before use.
• Bias — AI models may reflect biases present in their training data, including cultural, racial, gender, and other biases. We do not guarantee bias-free outputs.
• Hallucination — text generation models may fabricate information, citations, or facts that appear plausible but are incorrect.
• Non-determinism — the same prompt may produce different results each time. Results are not reproducible with exact consistency.

20.2 Legal & compliance risks

• IP infringement — generated content may inadvertently resemble copyrighted material or trademarks. You bear full responsibility for ensuring your use of generated content does not violate third-party rights.
• Likeness & publicity — generated images may resemble real individuals. Using such images commercially without consent may violate right of publicity laws.
• Regulatory — laws governing AI-generated content are rapidly evolving. You are responsible for understanding and complying with all applicable laws in your jurisdiction, including disclosure requirements for AI-generated media.
• Deepfake legislation — many jurisdictions have enacted or are enacting laws specifically targeting synthetic media. You must comply with all such laws.

20.3 Commercial use risks

• No professional advice — AI-generated content does not constitute legal, financial, medical, or professional advice. Do not rely on generated outputs for decisions requiring professional expertise.
• Commercial suitability — we make no guarantee that generated content is suitable for any particular commercial purpose, industry standard, or regulatory requirement.
• Model deprecation — reliance on specific AI models carries the risk of those models being deprecated, modified, or removed. Plan accordingly.

20.4 Financial risks

• Credit consumption — generation tasks consume credits regardless of whether the output meets your expectations (provided the job succeeds).
• Pricing volatility — credit costs may change due to upstream provider pricing changes or platform economics.
• No investment — credits are not a stored value, investment product, or currency. They have no monetary value outside the Platform.

21. Contact

For questions about these Terms, contact us at support@gizmoji.com