Terms of Service

1. Introduction

Welcome to SpicyGen AI ("we," "our," or "us"), operated by Wayfinity Ltd, a company incorporated in the Republic of Cyprus. These Terms of Service ("Terms") govern your access to and use of the SpicyGen AI website, services, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not access or use the Service.

1A. Company Information

In accordance with Cyprus Electronic Commerce Law (Law 156(I)/2004) and EU Directive 2000/31/EC, the following information is provided:

• Trading Name: SpicyGen AI
• Operating Entity: Wayfinity Ltd
• Company Registration Number: ΗΕ 477899
• Tax Registration Number: 60189170K
• Registered Address: 77 Strovolos Center, Floor 4, Office 401, Strovolos, 2018 Nicosia, Cyprus
• Jurisdiction: Republic of Cyprus
• Contact Email: contact@spicygen.ai
• Support Email: contact@spicygen.ai

VAT is applied to purchases where required under Cyprus VAT Law (Law 95(I)/2000 as amended) and EU VAT Directive 2006/112/EC. Prices displayed on the platform are inclusive of any applicable VAT unless otherwise stated. The applicable VAT rate for Cyprus is 19% (standard rate).

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Account Registration and Security

Registration: To access certain features, you must register for an account and provide accurate, current, and complete information.

Responsibility: You are solely responsible for safeguarding your account credentials and all activities under your account. Please notify us immediately of any unauthorized use or breach of security.

Account Updates: It is your responsibility to update your account information to ensure its accuracy and completeness.

4. Service Description

SpicyGen AI is a platform that allows users to generate images and short videos using artificial intelligence, from text prompts, characters they create on the Service, and images generated on the Service. The Service does not accept image uploads: you cannot upload photos or other images of any kind, whether of yourself, of anyone else, or made with AI elsewhere (see Section 6.1). The Service allows you to input prompts to describe what happens. Our Service leverages state-of-the-art AI technology to process your inputs, though results may vary and are generated automatically.

5. Payments and Credits

Credit-Based System: Our Service operates on a credit-based model. Credits can be purchased via one-time payments only.

Payment Processing: We do not store complete payment details on our servers. Data is stored by third party providers. By making a purchase, you agree to the respective providers terms of service.

Refunds & Dispute Resolution: While purchases are generally final due to the immediate costs of GPU processing, we are committed to customer satisfaction. If you are unsatisfied with the quality of the Service or encounter technical issues, you agree to contact contact@spicygen.ai first to attempt a resolution.

Chargeback Policy: You agree that you will not initiate a chargeback with your bank or credit card provider without first contacting us to resolve the issue. We reserve the right to ban any account that initiates a dispute without prior contact.

Credit Validity: Credits do not expire and remain in your account until used, except in cases where your account is terminated for a violation of these Terms.

6. User Content, Explicit Content, and Moderation

6.1 Ownership, License, and User Liability

Ownership: You retain all rights to the content you submit to our Service, such as your prompts and character descriptions.

License for Service Operation: By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute your content solely for the purposes of operating, improving, and providing the Service to you.

Promotional License: You also grant SpicyGen AI, a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, display, distribute, and create derivative works of any images and videos you create for marketing and promotional purposes. This includes, but is not limited to, displaying the content on our website, in social media posts, and in other marketing materials. We will make reasonable efforts to anonymize content used for marketing, but this is not guaranteed. If you do not agree to this, do not use the service.

Your Outputs and Commercial Use: As between you and SpicyGen, you own the images and videos you generate with the Service ("Outputs"), and we assign to you any right, title, and interest we hold in them, subject to these Terms and to the licenses you grant us in this Section 6.1. You may use your Outputs for any lawful purpose, including commercial purposes such as selling them, publishing them on subscription and creator platforms, and using them for an AI persona or influencer account, with no further fee, royalty, or attribution owed to us. These rights continue after your account closes, except for Outputs generated in breach of these Terms. When you use Outputs, you must:

• not use them to depict, impersonate, or suggest a real, identifiable person, or present them as a photo or video of a real person or a real event;
• disclose that they are AI-generated wherever the law or the platform you publish on requires it, and never claim that an AI persona is a real human when asked;
• publish adult Outputs only where adult content is lawful, behind the age restrictions the law or the platform requires, and only in ways that comply with these Terms, including Section 6.2;
• not use our name or logo in a way that suggests we endorse or sponsor you (saying an Output was made with SpicyGen is fine).

AI-generated material may not be protected by copyright in every country, and the Service may produce similar Outputs for other users. We do not promise that your Outputs are unique, protectable, or free of third-party rights, and these Terms give you no rights in Outputs generated for anyone else. You are responsible for your use of your Outputs, including any taxes and the rules of the platforms where you publish them.

User Liability and Warranty of Rights: You are solely responsible and liable for any content you submit. You expressly warrant and represent that you own or have obtained all necessary rights, licenses, and permissions to use any content you submit, and that it does not contain any illegal or restricted content. We are not liable to the maximum extent of the law for any user-submitted content.

No Image Uploads: The Service does not accept image uploads of any kind. You may not upload, submit, or attempt to submit any photo or other image to the Service, whether it shows you, another person, or no one, and whether or not it was made with AI. This applies to every way of reaching the Service, including our website, any API, and requests altered to get around this restriction. Any image submitted in breach of this Section may be refused or deleted without notice, and may lead to suspension or termination of your account.

You acknowledge that creating content that depicts a real individual, and in particular explicit or nude content, is strictly prohibited on the Service and may also violate privacy laws, personality rights, and other legal protections.

6.2 Content Guidelines and Restrictions

Permitted Content: You may only submit content that you own or have permission to use. You may create content only from text prompts, characters you create on the Service, and images generated on the Service. You may not upload images of any kind (see Section 6.1).

Prohibited Content: You agree not to submit content that is illegal, infringes on intellectual property rights, or is otherwise objectionable. This includes, but is not limited to, content that depicts minors, bestiality, or any other illegal acts. Furthermore, you are strictly prohibited from creating or generating any content that depicts or appears to depict real-world individuals, including celebrities and minors. This applies even if the person is you or has given consent. This prohibition extends to AI-generated images or characters designed to resemble, impersonate, or be reasonably mistaken for such individuals. Additionally, content containing violence, gore, blood, knives, pain, or other physically harmful depictions is strictly prohibited. All submitted and generated content must comply with applicable payment network requirements and does not violate any card association standards.

Explicit Content Policy:

Our Service permits the generation of explicit, nude, or pornographic content. This is allowed provided that:

• You possess full ownership or the necessary rights and permissions for the content you submit.
• Your prompts and any generated content do not depict minors, animals, or any illegal acts.
• The content does not depict or resemble any real individual, whether a public figure or a private citizen.
• The explicit content is created solely for consensual, artistic, educational, or adult purposes and does not involve non-consensual behavior, harassment, or any other harmful activities.

Moderation and Removal: We reserve the right to review, restrict, or remove any content, including explicit content, that violates these Terms or is reported as abusive. Decisions made by our moderation team are final in determining compliance with our policies.

6.3 Liability and Enhanced Indemnification

User Responsibility: You are solely responsible for all content you submit and any images and videos generated using our Service.

Enhanced Indemnification: You agree to indemnify, defend, and hold harmless SpicyGen AI, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Content you submit or generate using the Service
• Any image you upload or attempt to upload in breach of Section 6.1
• Any claim that your content or generated videos infringe upon, misappropriate, or violate any third party's rights, including intellectual property rights, privacy rights, publicity rights, or personality rights
• Any claim related to the misuse of another person's likeness or identity
• Any illegal or unauthorized use of the Service

This indemnification obligation will survive the termination of your account and your use of the Service.

6.4 Content Verification and Monitoring

Verification Process: We reserve the right to implement verification processes to confirm the source and ownership of content submitted to or generated on the Service, which may include:

• Requiring proof of ownership or rights
• Implementing image recognition technology to detect known individuals
• Requiring additional verification for certain types of content

Automated Screening: We use automated checks on prompts and generated content, which include:

• Screening every prompt for content that names or describes a real person, suggests a minor, or is otherwise prohibited, and refusing prompts that fail
• Estimating the age of everyone shown in each generated image and video, and withholding outputs in which anyone appears to be under 18

Manual Review: We may, at our discretion, manually review content that:

• Is flagged by our automated systems
• Is reported by other users
• Appears to violate our content policies

Compliance with Legal Requests: We will comply with valid legal requests from individuals who believe their likeness has been used without permission, which may include immediate content removal, account suspension, and disclosure of user information to legal authorities where required by law.

6.5 Compliance with Card Network Rules

Visa and Mastercard Compliance: In strict compliance with Visa and Mastercard Core Rules and Product and Service Rules, the following content is expressly prohibited on SpicyGen AI:

• Any depiction of non-consensual sexual activity or sexual violence.
• Any content depicting child sexual abuse materials (CSAM) or any depiction of minors in a sexual context.
• Any content depicting violence, blood, gore, mutilation, or torture.
• Any depiction of prostitution, escorting, or other commercial sexual services or solicitation.
• Any depiction of polygamy or plural-marriage scenarios.
• Any depiction of incest or of sexual content involving family members, including step-relations (such as step-parents, step-siblings, and step-children), half-siblings, adoptive or foster relatives, and in-laws, whether presented as real or as role-play.
• Any depiction or promotion of human trafficking, sexual slavery, captivity, kidnapping, abduction, or the buying, selling, auction, or trading of people.
• Any depiction of sexual activity involving hypnosis, mind control, or a person who is otherwise unable to give consent.
• Any content that promotes or incites hatred, violence, or discrimination against individuals or groups based on race, ethnicity, religion, gender, or sexual orientation.

We maintain a zero-tolerance policy for such content. Any violation will result in immediate account termination and reporting to relevant authorities where applicable.

7. Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to violate any applicable laws.
• To impersonate any person or entity, or to misrepresent your affiliation with any person or entity.
• To generate content that depicts, resembles, or could reasonably be mistaken for a real person, particularly a minor or a celebrity. This includes creating synthetic media or AI-generated versions of any individual.
• To interfere with, disrupt, or attempt to gain unauthorized access to any portion of the Service, its servers, or networks.
• To generate content that could be used for non-consensual intimate imagery, harassment, or deception.
• To generate deepfakes or other deceptive content intended to defraud, harm, or mislead others.
• In any manner that, in our sole discretion, undermines the integrity or security of the Service.
• To upload or attempt to upload any photo or other image, or to get around the restriction on image uploads in Section 6.1.
• To create "deepfakes" or other synthetic media that depicts real individuals, whether or not they have given permission.
• To generate content that could reasonably be mistaken for authentic media depicting real individuals.
• To use the Service in any way that violates privacy rights, publicity rights, or personality rights of any individual.
• To create content that could be used for harassment, intimidation, defamation, or any form of abuse.
• To circumvent or attempt to circumvent any content verification or moderation systems we implement.
• To submit or generate any content depicting minors or acts of bestiality.
• To submit or generate any content depicting incest or sexual activity between family members, including step-relations.
• To promote, facilitate, advertise, or profit from human trafficking, sexual slavery, or any other form of sexual exploitation, or to generate content depicting trafficking, captivity, kidnapping, abduction, or the sale of people.
• To generate content containing violence, gore, blood, knives, pain, or other physically harmful depictions.

8. Intellectual Property

Service Ownership: The Service, including its original content, features, and functionality, is owned by SpicyGen and protected by international intellectual property laws.

Trademarks: Our name, logo, and related trademarks are the property of SpicyGen. You may not use these marks without prior written consent.

8.1 User Verification

Account Verification: We may implement various levels of account verification to ensure the security and integrity of our platform.

Identity Verification: For certain features or usage levels, we may require identity verification through secure third-party services.

Usage Limitations: Unverified accounts may have limitations on the types of content they can generate or the features they can access.

Verification Records: Records of verification may be maintained for legal compliance purposes and to assist in the resolution of any disputes.

9. Termination

Right to Terminate: We may suspend or terminate your account immediately, without prior notice, for any reason, including breach of these Terms.

Consequences: Upon termination, your right to access and use the Service ceases immediately. You may terminate your account at any time by discontinuing use of the Service or contacting us to request deletion.

Surviving Provisions: Termination does not relieve you of obligations incurred prior to termination, including payment of outstanding fees.

10. Limitation of Liability

In no event shall SpicyGen, its directors, employees, partners, agents, suppliers, owners or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising from:

• Your access to or use of, or inability to access or use, the Service.
• Any third-party content or conduct on the Service.
• Any unauthorized access, use, or alteration of your transmissions or content.
• The quality or accuracy of videos generated by our AI technology.
• Any claims arising from content you submit or images and videos you generate and distribute.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; accordingly, some of the above limitations may not apply to you.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. SpicyGen does not warrant that:

• The Service will be uninterrupted, secure, or available at any given time.
• Any errors or defects will be corrected.
• The Service is free of viruses or harmful components.
• The AI-generated results will meet your expectations or requirements.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions. As an EU member state, Cyprus law incorporates all applicable EU regulations including the GDPR, the EU Consumer Rights Directive, and the EU E-Commerce Directive. Our failure to enforce any right or provision of these Terms does not constitute a waiver of those rights. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Nothing in these Terms affects your statutory rights as a consumer under applicable Cyprus or EU consumer protection law, including the Cyprus Consumer Protection Law (Law 133(I)/2021) and the EU Consumer Rights Directive 2011/83/EU.

13. Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation by contacting us at contact@spicygen.ai. If not resolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus, sitting in Nicosia. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

EU consumers also have the right to access the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at our sole discretion. Changes will be effective immediately upon posting the updated Terms on our website, along with an updated "Last Updated" date. Your continued use of the Service constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: contact@spicygen.ai

16. 18 U.S.C. § 2257 STATEMENT

The images and videos SpicyGen.ai generates are created by artificial intelligence models. They are not photographs or recordings of actual human beings engaged in actual sexually explicit conduct, and for that reason we consider them outside the record-keeping requirements of 18 U.S.C. §§ 2257 and 2257A and 28 C.F.R. Part 75. In particular:

• Outputs generated from text prompts, saved characters, or images generated on the Service are artificial creations of AI models.
• The Service does not accept image uploads, so users cannot supply photographs for it to work from (see Section 6.1).
• These Terms do not allow content that depicts or appears to depict real, identifiable individuals (see Sections 6 and 7).
• Every generated image and video is checked by an AI age estimate before it is delivered, and outputs in which anyone appears to be under 18 are withheld.

17. REGULATORY COMPLIANCE AND 18 U.S.C. § 2258A

SpicyGen.ai reports apparent child sexual abuse material to the NCMEC CyberTipline under 18 U.S.C. § 2258A and keeps the reported material and related account data.

SpicyGen.ai does not accept image uploads (see Section 6.1), so users cannot submit existing images, including known abuse material, to the Service.

18. CARD NETWORK COMPLIANCE CONTROLS (INCLUDING MASTERCARD REVISED STANDARDS)

In addition to all other Terms, SpicyGen.ai maintains commercially reasonable controls intended to align with applicable card network rules and standards for adult content merchants, including Mastercard revised standards and Visa rules.

• Clear Prohibited Content Rules: We prohibit content involving minors/CSAM, non-consensual sexual activity, NCII, deepfakes or sexual depictions of real individuals, bestiality, extreme violence, gore, torture, and other unlawful or policy-violating material.
• Prevention and Detection Controls: We apply automated prompt, media, and policy screening controls and may suppress, block, or remove content that violates these Terms.
• Human Review and Escalation: We perform human-in-the-loop review for flagged or reported content and may escalate severe violations to legal and safety workflows.
• Independent Complaint and Removal Channel: We provide a non-DMCA complaint/removal process for questionable content and NCII-related concerns. We strictly process valid TAKE IT DOWN Act (NCII/Deepfakes) removal requests within 48 hours. For other general issues, we provide a response to the requestor within 5 business days or sooner.
• Separate DMCA Workflow: Copyright claims are handled via a separate DMCA process.
• Enforcement: Violating content may result in immediate removal, account restrictions, suspension, or termination, and may be reported to relevant authorities where required by law.
• Evidence Preservation and Reporting: For suspected CSAM and other severe violations, we preserve relevant data and execute applicable reporting obligations, including NCMEC/CyberTipline workflows where required.
• Cooperation with Acquirers and Networks: We cooperate in good faith with lawful requests and compliance reviews from our acquirer, payment processors, and card networks.
• Ongoing Review: We periodically review and update our Trust & Safety and compliance controls to align with evolving legal and card-network requirements.