Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "Creator") and Beyond Media Group ("BMG", "we", "us", "our") and govern your access to and use of the BeyondFans Creator Studio, including the website at pro.beyondfans.ai and all related tools, APIs, and features (collectively, the "Service").

By creating an account, clicking "I agree", or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, by our Privacy Policy, our Content & Acceptable Use Policy, our Billing, Refunds & Subscription Policy, and every other policy linked from our Legal Center. If you do not agree, you must not use the Service.

If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity; "you" then refers jointly to you and that entity.

The Service is strictly intended for adults. To register for and use the Service, you must:

• be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher;
• not be located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions), or be listed on any U.S. government list of prohibited or restricted parties (including the OFAC SDN list);
• not access the Service from a jurisdiction where adult content or AI-generated adult content is unlawful; and
• comply, where applicable, with the age-verification and consumer-protection requirements of jurisdictions that regulate access to adult content (including, without limitation, Utah SB 287, Texas HB 1181, Louisiana Act 440, and similar U.S. state statutes, and the United Kingdom Online Safety Act 2023 where applicable).

We may request age or identity verification at any time and may suspend or terminate your account if we cannot reasonably confirm your eligibility.

You are responsible for the accuracy of information you provide, for maintaining the confidentiality of your credentials, and for all activity under your account.

• One account per person. Multiple accounts controlled by the same individual are prohibited and may be terminated.
• You may not share, sell, rent, lease, or otherwise transfer access to your account.
• We strongly recommend enabling two-factor authentication where available.
• You must notify us promptly at [email protected] if you suspect unauthorized access.
• Automated account creation, scraping, or use of bots to interact with the Service without prior written consent is prohibited.

The BeyondFans Creator Studio is a credit-based artificial-intelligence content generation platform. You purchase subscriptions and credit packs that entitle you to generate AI models and AI-generated media for your own use, subject to these Terms and all linked policies.

The Service is provided for your personal or business use as a Creator. It is not a publishing or distribution platform unless and until you opt-in to specific distribution features; merely generating content on the Service does not publish that content to third parties.

Features, models, prices, credit values, and availability may change at any time. We reserve the right to add, modify, limit, or discontinue any feature without notice except where these Terms or applicable law require otherwise.

"Your Content" means (a) inputs you submit to the Service, including prompts, configuration parameters, and uploaded reference material ("Inputs"), and (b) outputs generated by the Service in response to your Inputs ("Outputs").

Ownership. As between you and us, you own Your Content to the fullest extent permitted by applicable law. We make no ownership claim over Outputs, subject to the license below and to the limitations of copyright law applicable to AI-generated material.

License to BMG. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, transcode, reproduce, and create derivative works of Your Content solely to (i) operate, provide, and improve the Service for you, (ii) moderate Your Content for compliance with these Terms and the Content Policy, (iii) respond to legal process or lawful requests, and (iv) if you explicitly opt-in, publish Your Content to distribution features we may offer. This license terminates when you delete Your Content from the Service, except for (x) copies retained for legal, moderation, or audit purposes and (y) backups made in the ordinary course, which are purged per our retention schedule.

No training without opt-in. We do not train our models or those of third parties on Your Content without your explicit opt-in, as further described in the AI Generation Terms.

Your representations. You represent and warrant that you have all rights, consents, releases, and permissions necessary to submit Your Content and to grant the license above, and that Your Content does not violate any law, third-party right, or our Content Policy.

You must not use the Service in any way that is unlawful, infringing, deceptive, abusive, or that violates our Content & Acceptable Use Policy, which is incorporated into these Terms by reference. Certain categories of content and conduct are absolutely prohibited and will result in immediate termination and, where applicable, referral to law-enforcement authorities.

Without limiting the Content Policy, you must not: (a) attempt to generate sexual content depicting, describing, or implying a minor; (b) generate non-consensual intimate imagery or likenesses of real persons without verifiable consent; (c) attempt to circumvent our safety classifiers, rate limits, or access controls; (d) resell or redistribute access to the Service; (e) use the Service to develop a competing product by extracting model weights, prompts, or training data; or (f) violate any applicable law in connection with your use.

We may, at our discretion and without liability, review, remove, filter, block, age-gate, or take down any content, and suspend or terminate any account, that we believe violates these Terms, the Content Policy, applicable law, or the rights of any third party, or that exposes us or our users to legal, reputational, or operational risk.

Benign violations. For non-absolute violations, we will normally provide notice and an opportunity to cure where practical. Repeat or serious violations may result in immediate termination.

Absolute violations. For categories identified as "absolutely prohibited" in the Content Policy, termination is immediate and without prior notice.

Appeal. You may appeal a moderation action by writing to [email protected] within fourteen (14) days. Our decision on appeal is final.

Effect of termination. On termination, your right to use the Service ends immediately. Sections 5 (license survival for legal/audit copies), 9, 10, 11, 12, 13, 14, 15 and 16 survive termination. Unused credits and subscription time are non-refundable in accordance with the Billing Policy.

Your use of paid features is governed by the Billing, Refunds & Subscription Policy, which is incorporated into these Terms by reference. That policy describes subscription plans, credit packs, auto-renewal, refund rules, chargebacks, taxes, and billing disputes.

Credits have no cash value, are non-transferable, are non-refundable except where expressly stated, and expire as described in the Billing Policy.

Prices are exclusive of taxes unless expressly stated. You are responsible for any taxes, duties, levies, or similar governmental assessments of any nature that apply to your use of the Service or that you are required to collect, remit, or report under the laws of your jurisdiction, other than taxes on our net income. If we are required to collect or remit taxes on your transactions, we may add those taxes to the amount you pay.

The Service, including all software, APIs, user interfaces, models, model weights, documentation, brand, trademarks, and trade dress, is owned by Beyond Media Group or its licensors and is protected by copyright, trademark, trade secret, and other laws. Except for the limited rights expressly granted to you in these Terms, we retain all right, title, and interest in the Service.

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, model weights, training data, or system prompts of the Service, except to the extent that applicable law expressly permits such activity notwithstanding this restriction.

If you believe that content accessible through the Service infringes your copyright, please follow the procedure described in our DMCA & Copyright Policy. We respond to valid notices under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512) and maintain a repeat-infringer policy.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEYOND MEDIA GROUP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT OUTPUTS WILL BE ACCURATE, RELIABLE, SAFE, NON-OFFENSIVE, OR DETERMINISTIC. AI OUTPUTS ARE PROBABILISTIC BY NATURE. YOU USE OUTPUTS AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR EVALUATING THEIR SUITABILITY FOR YOUR USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEYOND MEDIA GROUP OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

The foregoing limitations do not apply to liability that cannot be limited under applicable law, including (where applicable) liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.

You agree to defend, indemnify, and hold harmless Beyond Media Group and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your use of or access to the Service, (c) your violation of these Terms or any policy incorporated by reference, (d) your violation of any third-party right, including any intellectual-property, publicity, privacy, or consent right, or (e) your violation of any applicable law.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense. You will not settle any such matter without our prior written consent.

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, and where applicable the laws of the United States of America.

Subject to Section 16 (Arbitration), you and we agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection based on inconvenient forum.

PLEASE READ CAREFULLY. This section affects your legal rights. It requires arbitration of disputes on an individual basis and waives your right to a jury trial or class action.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether sounding in contract, tort, statute, or otherwise (a "Dispute"), will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time arbitration is commenced. The arbitration will be conducted in English, seated in New Castle County, Delaware, and may be conducted by telephone or video at the arbitrator's discretion.

Small claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction for Disputes that fall within that court's jurisdiction.

Injunctive relief. Either party may seek preliminary or injunctive relief in court to protect intellectual-property rights pending arbitration.

Class-action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable, then the entirety of this Section 16 is null and void and the Dispute will proceed in the courts identified in Section 15.

30-day opt-out. You may opt out of this Section 16 by sending a written notice to [email protected] within thirty (30) days after you first accept these Terms, identifying your name, email, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

We may update these Terms from time to time. Material changes will be announced to you by email to the address associated with your account and/or by conspicuous notice within the Service at least thirty (30) days before they take effect. Non-material changes take effect on posting. Your continued use of the Service after the effective date of a change constitutes your acceptance of the updated Terms. If you do not accept a change, your sole remedy is to stop using the Service and close your account; see the Billing Policy for the consequences of cancellation on fees and credits.

Prior versions of these Terms are archived in our source repository and available on request.

Entire agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous communications, proposals, or representations.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.

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

Notices. We may give notices to you by email, by posting in the Service, or by any other reasonable means. You must give notices to us at [email protected].

Headings. Section headings are for convenience only and do not affect interpretation.

Contact. Questions about these Terms? Write to [email protected].