Terms of Service

Last Updated: October 9, 2025

1. Acceptance of Terms

Welcome to XeroGen Forge 2.0 ("Service"), operated by Xerophayze Art ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

XeroGen Forge 2.0 is an AI-powered image generation and editing platform that provides:

• AI image generation from text prompts
• Image editing and enhancement tools
• Prompt generation and management
• Access to multiple AI models (Nano Banana, Flux, Stable Diffusion, etc.)
• Image library and organization features
• Community gallery and sharing capabilities

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3.2 Age Requirements

You must be at least 13 years old (or 16 in the EU) to use the Service. Users under 18 must have parental consent.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion.

4. Credits and Subscriptions

4.1 Credit System

Our Service uses a credit-based system. Credits are consumed when you:

• Generate images
• Use editing features
• Upscale images
• Access premium features

4.2 Free Credits

New users receive 25-50 free credits upon registration. Free credits may expire or be subject to limitations.

4.3 Subscription Plans

We offer monthly subscription plans that include:

• Monthly credit allocations
• Access to premium features
• Priority generation queue
• Additional storage

Subscriptions automatically renew unless cancelled. You may cancel at any time, but no refunds will be provided for partial months.

4.4 Credit Purchases

One-time credit purchases are non-refundable and do not expire unless otherwise stated.

4.5 Pricing Changes

We reserve the right to modify pricing at any time. Existing subscribers will be notified 30 days before price changes take effect.

5. Acceptable Use Policy

5.1 Prohibited Content

You may not use the Service to create, upload, or share content that:

• Is illegal, harmful, or violates any laws
• Infringes on intellectual property rights
• Contains explicit sexual content or pornography
• Depicts violence, gore, or harm to individuals
• Promotes hate speech, discrimination, or harassment
• Contains malware, viruses, or malicious code
• Impersonates others or misrepresents identity
• Violates privacy rights or contains personal information without consent
• Is spam, phishing, or fraudulent

5.2 Prohibited Activities

You may not:

• Reverse engineer, decompile, or attempt to extract source code
• Circumvent security measures or access restrictions
• Use automated tools (bots, scrapers) without permission
• Overload or interfere with the Service's infrastructure
• Resell or redistribute the Service or generated content commercially without proper licensing
• Create multiple accounts to abuse free credits or promotions
• Share your account credentials with others

5.3 Content Moderation

We employ automated and manual content moderation. Content that violates these Terms may be removed, and your account may be suspended or terminated.

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including all software, designs, text, graphics, and trademarks, is owned by Xerophayze Art and protected by intellectual property laws.

6.2 Generated Content Ownership

Subject to these Terms and applicable law:

• You own the images you generate using the Service
• You grant us a non-exclusive, worldwide, royalty-free license to store, display, and process your generated content to provide the Service
• Content you share publicly in our gallery grants us additional rights to display and promote that content

6.3 Commercial Use

Paid subscribers may use generated images for commercial purposes, subject to:

• Compliance with these Terms
• Restrictions imposed by underlying AI model licenses
• Applicable laws and third-party rights

Free tier users may use generated images for personal, non-commercial purposes only.

6.4 AI Model Licenses

Different AI models may have different licensing terms. You are responsible for understanding and complying with the license of each model you use.

7. User Content and Uploads

7.1 Your Responsibility

You are solely responsible for content you upload or input into the Service. You represent and warrant that you have all necessary rights to such content.

7.2 License Grant

By uploading content, you grant us a license to use, store, and process that content to provide the Service.

7.3 Content Removal

We reserve the right to remove any content that violates these Terms or for any other reason.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

9. Third-Party Services

The Service may integrate with or link to third-party services (payment processors, AI providers, etc.). We are not responsible for the practices or content of these third parties. Your use of third-party services is subject to their terms and policies.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

10.2 No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Service at any time without notice.

10.3 AI-Generated Content

AI-generated content may be unpredictable, inaccurate, or inappropriate. We are not responsible for the quality, accuracy, or appropriateness of generated content.

10.4 Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Xerophayze Art and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you create, upload, or share

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

12.2 Arbitration

Any disputes arising out of these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property or confidentiality matters.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

13.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms or for any other reason at our discretion.

13.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and content
• Unused credits and subscription fees are non-refundable
• Provisions that should survive termination (indemnification, disclaimers, etc.) will continue to apply

14. Changes to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including:

• Features and functionality
• Pricing and credit costs
• Available AI models
• Storage limits and quotas

15. Export Controls

You agree to comply with all applicable export and import laws and regulations. You may not use the Service if you are located in a country subject to U.S. embargo or are on any U.S. government list of prohibited parties.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Xerophayze Art regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control.

17. Contact Information

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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