Terms of Use for Darkframe AI

1. Acceptance of Terms

By accessing or using the Service, creating an account, or clicking "accept" or "agree" to these Terms when presented, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at /privacy), which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Darkframe AI provides users with tools to generate images and videos ("Generations" or "Assets") based on text prompts ("Prompts") input by the user. The Service utilizes third-party AI models (e.g., via Replicate) for generation, stores metadata and generated content using cloud infrastructure, and uses authentication services for account management. The Service may evolve over time, and we reserve the right to modify, suspend, or discontinue aspects of the Service at any time without notice.

Horror Content Platform: Darkframe AI is specifically designed for horror creators and horror content generation. The Service is intended for creating fictional horror content, including graphic imagery, violence, gore, body horror, supernatural elements, and other horror-themed content typical of the horror genre. Fictional horror content is permitted and encouraged on this platform, subject to the restrictions outlined in these Terms and our Acceptable Use Policy.

Sensuality in Horror: The horror genre can explore sensuality as part of atmosphere or character dynamics in a fictional context. This is common in mainstream horror cinema (for example, Bram Stoker's Dracula, The Hunger, Crimson Peak, and Jennifer's Body) and is not specific to any single style or content. Any sensual themes must still comply with the prohibitions in these Terms and the Acceptable Use Policy.

3. Eligibility and Accounts

Age Requirement: You must be at least 18 years old to use the Service. By accessing or using the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms. We reserve the right to verify your age and may require proof of age at any time. If we discover that you are under 18, we will immediately terminate your account.

Account registration is managed through our third-party authentication provider, Clerk. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

4. User Conduct and Responsibilities

Prohibited Image Uploads: You are strictly prohibited from uploading images of real people, celebrities, or yourself. The Service is designed for AI-generated images only. Uploading photographs or images depicting real individuals (including yourself, celebrities, public figures, or any identifiable person) is a violation of these Terms and may result in immediate account termination. This restriction is in place to protect privacy rights, prevent impersonation, and ensure compliance with applicable laws.

You agree not to use the Service to:

• Upload images of real people, celebrities, public figures, or yourself. Only AI-generated images are permitted.
• Create, upload, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Note: Fictional horror content with graphic imagery, violence, and gore is permitted as outlined in Section 2, but content that targets real individuals, promotes hate speech, or violates other restrictions remains prohibited.
• Generate content that infringes upon any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
• Use Disney or any major film company characters. This is strictly prohibited.
• Create harmful or misleading content, including misinformation, disinformation, or content promoting hate speech or discrimination against real individuals or groups.
• Generate non-consensual sexual content or content that promotes real-world illegal acts or real-world violence against actual people or groups.
• Depict, promote, or glorify genital mutilation.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service or the AI models used.
• Use any automated means (e.g., bots, scrapers) to access the Service, collect information, or generate content in a way that circumvents technological measures or places excessive load on our systems, unless explicitly permitted by us.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Violate any applicable local, state, national, or international law or regulation.

Content Moderation and Safety: We are committed to maintaining a safe platform for all users. We employ automated and manual content moderation systems to review prompts, uploaded images, and generated content. We reserve the right to investigate violations of these Terms, remove content, suspend or terminate accounts, and report illegal activities to law enforcement authorities. Our moderation efforts are ongoing and may include review of content before, during, or after generation. By using the Service, you acknowledge and agree that we may monitor, review, and moderate content to ensure compliance with these Terms and applicable laws.

Violations of these Terms, particularly regarding prohibited image uploads or harmful content, may result in immediate account termination without notice or refund.

5. Content Ownership and Licenses

Your Prompts and Generations

You own the Prompts you input into the Service. Subject to the licenses granted below and the rights of third parties (including the AI models used), you own the Generations you create using the Service, provided they were created in accordance with these Terms.

License to Us

By using the Service, you grant Monolith Labs LLC, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Prompts you input and the Generations you create using the Service. This license allows us to operate, maintain, improve, and promote the Service. For example, we may need to use your Generations to troubleshoot issues, provide support, or potentially showcase examples (where permitted and appropriate). This license survives termination of these Terms.

Content Moderation and Usage

You understand that your Prompts and Generations may be processed by third-party AI models (e.g., Replicate) and stored by us (e.g., Supabase) and our logging providers (e.g., Dash0). While you own your Generations subject to these terms, the nature of AI means similar inputs may produce similar outputs for different users. You acknowledge that your Generations may not be unique.

6. Third-Party Services

The Service relies on integrations with third-party services, including but not limited to Replicate (AI model hosting), Supabase (database and storage), Clerk (authentication), and Dash0 (logging). Your use of these third-party services may be subject to their respective terms of service and privacy policies. We are not responsible for the performance, content, or practices of these third-party services.

7. Fees and Payment

Currently, access to basic features of the Service is provided with a free tier. We offer credit packs for purchase.

8. Intellectual Property Rights

Excluding the content you own (your Prompts and Generations, subject to the licenses granted herein), the Service itself, including its "look and feel," source code, logos, trademarks, and all related intellectual property rights, are owned by or licensed to Monolith Labs LLC and are protected by copyright, trademark, and other intellectual property laws. You may not use our branding or trademarks without our prior written permission.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 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 VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE GENERATIONS CREATED BY THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR MEET YOUR EXPECTATIONS. THE OUTPUTS ARE GENERATED BY AI MODELS AND MAY BE UNPREDICTABLE OR CONTAIN INACCURACIES OR OFFENSIVE MATERIAL NOT INTENDED BY US.

YOU USE THE SERVICE AND RELY ON ANY GENERATIONS AT YOUR OWN RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONOLITH LABS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING GENERATIONS; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MONOLITH LABS LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Monolith Labs LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with (a) your access to or use of the Service, (b) your violation of these Terms, (c) your Prompts or Generations, or (d) your violation of any third-party rights, including intellectual property rights.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by discontinuing use of the Service or contacting us. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, license grants, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its' conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in New Castle County, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect (e.g., via email or a notification within the Service). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at: terms@darkframe.ai