These Terms of Service ("Terms") govern your access to and use of the Makeartly website, platform, and AI generation services (collectively, the "Service") operated by Makeartly ("we", "us", or "our"). Please read them carefully. By accessing or using the Service you agree to be bound by these Terms.
Makeartly is an adult AI content generation platform that allows registered users to create AI-generated imagery and video using third-party foundation model APIs. All generated content is synthetic. We do not produce or distribute real-person intimate imagery without explicit authorization (see our Content Policy).
You must be at least 18 years of age to access or use the Service. There is no exception based on parental or guardian consent. By using the Service, you represent and warrant that you are at least 18, have legal capacity to agree to these Terms, and are legally permitted to access adult content in your jurisdiction. Users who are 18 or older may use the Service subject to these Terms, our Content Policy, and all applicable safety and usage limits; being 18 or older does not exempt a user from any other requirement or restriction.
We may require age assurance or re-verification where required by law or reasonably necessary for safety. If we reasonably suspect that a user is under 18, we may immediately restrict or suspend access while we investigate. We may terminate an underage user's account and delete associated data, except for records we must or may retain for legal compliance, safety, fraud prevention, dispute resolution, or payment records.
The Service is not offered in every country or territory. We may restrict, suspend, or deny access from any country, territory, network, or payment source where reasonably necessary to comply with applicable law, sanctions or export controls, restrictions imposed by our payment or infrastructure providers, content-compliance requirements, or reasonable safety, fraud, or security concerns.
We may apply these restrictions at the network, payment, account, or device level. A network-level restriction may operate independently of any particular account and does not, by itself, mean that a user has violated these Terms.
You may not knowingly use a VPN, proxy, location-spoofing technology, false information, or any other means to access, purchase, or use the Service from a country or territory in which it is unavailable or restricted.
Except where mandatory law provides otherwise, a restriction arising from your location, your circumvention of a geographic restriction, or the unavailability of local legal, network, or payment support does not by itself entitle you to a refund, compensation, or restoration of credits. Nothing in this Section limits any consumer right that cannot lawfully be excluded.
We offer free and paid membership tiers. New paid membership purchases are one-time charges for the period shown at checkout and do not renew automatically. Access ends when that paid period expires unless you make another purchase.
Certain features consume generation credits ("tokens"). A paid membership's included credits are granted in full when payment succeeds and remain in your balance until used; they are not reset or replenished automatically. Purchased token packs do not expire. Credits have no cash value and are non-refundable.
Because the Service delivers digital goods that become available to you immediately, all purchases are final. Memberships and token packs are non-refundable, and payments already made are not eligible for any refund, credit, or exchange — whether or not the included credits or features have been used.
We apply this policy for the following reasons:
By completing a purchase you expressly request immediate delivery of digital content and acknowledge that, to the fullest extent permitted by applicable law, you thereby lose any statutory right of withdrawal or "cooling-off" cancellation. Nothing in this section limits any refund or remedy that cannot be excluded under the mandatory consumer-protection laws that apply to you. If you believe you were charged in error, more than once, or without your authorization, contact hello@makeartly.com and we will investigate.
We reserve the right to change pricing. Price changes apply to future purchases. Where a legacy auto-renewing subscription is affected, we will provide at least 30 days' notice by email or in-app notification.
New membership purchases are one-time and require no cancellation. A legacy auto-renewing subscription can still be canceled from the Settings page; cancellation takes effect at the end of its current billing period and access remains available until then.
If you have a question or concern about a payment, we ask that you contact us first at hello@makeartly.com so we can promptly investigate an erroneous charge, duplicate charge, unauthorized transaction, or failure to deliver. This request does not restrict your right to contact your card issuer, payment provider, or any competent authority, or to exercise any right available under applicable law.
Where a payment is refunded, reversed, charged back, recalled, or withheld by a payment provider, we may suspend the membership, credits, discounts, and other benefits attributable to that payment while the matter is investigated, and may prevent further consumption of paid resources where reasonably necessary to avoid additional loss.
If the payment is ultimately reversed or recovered from us, we may cancel any unused credits and membership benefits attributable to that payment. Where such credits have already been used, we may record a negative credit balance in the account ledger and restrict features that consume paid resources until the balance is resolved. Such an entry reflects service already consumed against a reversed payment; it does not limit your right to dispute an error or unauthorized transaction under applicable law.
If the dispute is resolved in your favour, we will correct the balance and restore the corresponding benefits.
Where there is evidence of fraud, use of a stolen payment method, materially false information, or repeated abusive chargebacks, we may immediately suspend or terminate the account and seek recovery of our actual losses as permitted by law.
An account restriction arising from a payment reversal may be appealed under Section 10. The payment dispute itself is handled by your payment provider under its own process. Nothing in this Section excludes any non-waivable right relating to refunds, billing errors, unauthorized transactions, or payment disputes under applicable law.
Each generation consumes third-party AI model and compute resources that we are billed for at the moment of generation and cannot recover afterwards. That portion of the Service is delivered and consumed when the generation is made, whether or not you keep, download, or later delete the result. A membership is a right of access for a period, not a deposit held against future use.
Where any refund, credit, or pro-rated amount is due to you under these Terms or applicable law, it is calculated by reference to the portion of the Service you have not yet consumed. For this purpose, generations made under a membership — including generations covered by an included or unlimited allowance — are valued at our then-current published credit price for the same generation, so that the calculation is ascertainable from prices we publish rather than from our internal costs.
Where we terminate an account for a material breach of these Terms or our Content Policy, we may set off the value of the Service consumed before termination against any amount that would otherwise be refundable. Where that value equals or exceeds the amount you paid for the relevant period, no refundable amount remains.
This Section applies to termination for material breach. It does not permit us to refuse a refund merely because your ordinary, permitted use of an included or unlimited allowance has been costly to us, and it does not exclude any refund or remedy that cannot lawfully be excluded under the consumer-protection laws that apply to you.
You agree not to use the Service to:
Unless we give you prior express written permission, you may not access or operate the Service through an API, bot, scraper, script, browser automation, reverse-engineered client, or other automated means. Internal website endpoints, cookies, session tokens, and network calls are not a public API and may not be reused outside the ordinary user interface. A membership plan does not include API or automated access unless we expressly say so in writing or in a separate agreement. You may not share, sell, transfer, or expose credentials or access tokens.
You may not bypass or evade rate limits, concurrency limits, quotas, authentication, age assurance, content-safety controls, pricing or payment controls, fraud controls, or other technical restrictions. Prohibited methods include using multiple accounts, rotating IP addresses or VPNs, sharing sessions, automated retries, modified clients, device spoofing, or any comparable technique for the purpose of evasion. You must not repeatedly resubmit a request after it has been rejected or rate-limited in an attempt to defeat a control.
You may not use the Service, or any output generated through it, to develop, train, fine-tune, evaluate, benchmark, or improve any artificial intelligence or machine learning model, dataset, or system, whether your own or a third party's.
You may not use the Service, its outputs, its interfaces, or any information obtained from it to build, operate, or assist any product or service that competes with the Service.
Unless we give you prior express written permission, you may not resell, redistribute, sublicense, or otherwise make the Service or its generation capability available to any third party, whether directly or as a component of another product.
Systematic or bulk generation, collection, or export of outputs for any purpose described in this Section is prohibited, whether or not those outputs are subsequently retained or deleted. This Section restricts the purposes for which outputs may be produced; it does not reduce the generation volume included in your membership.
Where your membership includes unlimited or high-volume generation, that entitlement is granted for your own ordinary use through the website interface. Using automated means to consume such an entitlement — including scripts, bots, browser automation, or any non-human operation, whether or not the outputs are retained — is a breach of Section 5.1 and of this Section, regardless of the purpose for which the outputs are used.
Except to the extent applicable law prohibits this restriction, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, internal interfaces, request formats, authentication mechanisms, rate-limit behaviour, or protection measures of the Service.
You may not probe, scan, or test the Service to discover undocumented endpoints or to determine how its controls behave, nor use any information so obtained.
In any communication with our employees, contractors, support personnel, or authorised representatives — including support tickets, email, chat, and social channels — you may not engage in harassment, discriminatory abuse, credible threats of harm, stalking, disclosure of private personal information, or repeated hostile communications that have no reasonable connection to resolving the matter after you have been asked to stop.
Good-faith complaints, requests for an explanation of our decisions, requests for refunds or other remedies, the exercise of legal rights, and truthful statements, reviews, or personal opinions do not violate this Section, even if we disagree with them.
Where you breach this Section we may take measures proportionate to the conduct, including limiting your communication channels, requiring correspondence to proceed through a designated written support channel, restricting particular features, or suspending or terminating the account in cases involving serious, repeated, or credible safety risks. We may preserve relevant records and report conduct to an appropriate authority where required by law or where there is a credible threat to safety.
For full prohibited content rules see our Content Policy.
The Service, including its software, trademarks, and design, is owned by Makeartly and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from our platform without express written consent.
You retain ownership of content you upload. By uploading content you grant us a worldwide, non-exclusive, royalty-free license to process, store, and use your content solely as necessary to provide and improve the Service.
AI-generated output is provided for your personal use. We make no warranty that generated content is free from third-party IP claims. You are solely responsible for how you use generated output.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT WILL MEET YOUR EXPECTATIONS.
AI-generated output is stochastic and may contain inaccuracies. We are not responsible for decisions made based on generated content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Makeartly AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.
You agree to defend, indemnify, and hold harmless Makeartly and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party right.
If we detect suspected abuse, unauthorized automation, unusually high-risk activity, or a violation of these Terms or our Content Policy, we may take measures proportionate to the risk. These measures may include a warning, CAPTCHA or verification request, reduced rate or concurrency limits, cancellation of pending jobs, revocation of sessions or access tokens, restriction of features, suspension, or account termination. We may preserve relevant records to investigate abuse, enforce these Terms, resolve disputes, protect users, or comply with law.
We may act immediately and without advance notice where reasonably necessary to address an emergency, suspected fraud or illegal activity, risk involving minors, a threat to another person or the Service, or continued attempts to evade controls. Otherwise, where practical, we will provide the general reason for a material account restriction unless doing so would be prohibited by law or would compromise safety, security, or an investigation.
You may appeal a material account restriction within 14 days by contacting hello@makeartly.com. Include your account email and relevant request or transaction details. We will review the available information and communicate the outcome. An appeal does not automatically pause a restriction. A temporary restriction does not by itself cancel a membership, reverse a completed purchase, or delete account history.
Termination for a material breach of these Terms or our Content Policy is different. On such a termination, any remaining membership period, unused credits, and other benefits are forfeited and are not refunded, exchanged, or transferred. This applies whether or not those benefits were paid for. We may also decline to reinstate the account or to provide the Service to you again.
On termination your right to access the Service ends immediately. We may block sign-in and refuse access to the Service. You may not create, use, or attempt to create a new account, and you may not access the Service through another person's account, a different email address, payment method, device, or network. We may decline or close any account we reasonably identify as belonging to, or operated for, a terminated user.
Except where mandatory consumer law requires otherwise, forfeiture under this Section is in addition to any other remedy available to us and does not limit our right to recover our actual losses. Any refund otherwise due remains governed by Sections 4.3, 4.6 and 4.7 and applicable law.
You may delete your account at any time from Settings. Certain data may be retained after termination as required by law or to prevent fraud.
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any disputes arising from these Terms shall be resolved through binding arbitration under the AAA Consumer Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. You waive any right to a jury trial or class action.
We may update these Terms periodically. Material changes will be announced via email or in-app notification before taking effect. Continued use after the effective date constitutes acceptance.