1. Parties, Acceptance, and Changes
These Terms of Service (the "Terms") form a binding agreement between you ("you") and Mindrift ("we", "us"). They govern your access to and use of the Mindrift website, console, application programming interface (the "API"), and all related services (collectively, the "Service"). The Privacy Policy, Data Privacy Notice, API Terms, and Community Guidelines are incorporated by reference and form part of these Terms. Where the API Terms impose stricter rules on programmatic access, they prevail for API usage. In case of conflict between these Terms and the Privacy Policy or Data Privacy Notice on personal-data matters, the Privacy Policy and Data Privacy Notice prevail on that subject.
By creating an account, calling the API, or otherwise using the Service, you confirm that you have read and accept these Terms. If you act on behalf of a company or organization, you represent that you are authorized to bind it. If you do not agree, do not use the Service.
We may amend these Terms. Material changes take effect 14 days after posting on this page (with the "Last Updated" date revised), or immediately where required for safety, legal, or security reasons. Continued use after the effective date constitutes acceptance. If you disagree with amended Terms, close your account and stop using the Service before they take effect.
2. Definitions
- "Assets" means images, text, or other content generated by the Service from your inputs.
- "Prompts" means text, parameters, and any other instructions you submit to guide generation.
- "User Content" means anything you upload or supply that you (or your licensors) created outside the Service, including reference/input images, source files, and text you provide. Prompts that consist of your own text or uploads are also User Content.
- "Service Data" means platform-generated metadata and logs (request identifiers, metering records, moderation events, telemetry) created by operating the Service. Service Data is not User Content and contains no creative expression of yours.
- "Balance" means your prepaid wallet balance denominated in U.S. dollars, used to pay for usage. Promotional credits, if any, are governed by Section 9.5.
- "Account" means your registered user account, including credentials, API keys, Balance, and history.
- "Public generation" means an Asset you have explicitly chosen to publish to Mindrift community surfaces via the in-product publish/share action. Nothing is public by default (see Section 5.6).
3. Eligibility and Account Security
Age requirement. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create or hold an Account. The Service is not intended for children under 13, and they may not use it under any circumstance. A person aged 13 or older but below the age of majority may only use the Service through a parent's or legal guardian's Account, under that adult's continuous supervision, with the adult accepting these Terms on the minor's behalf and remaining fully responsible for all activity, spend, and compliance.
One account. One natural person: one Account, unless we approve otherwise in writing. You must provide accurate registration information and keep it current.
You are solely responsible for safeguarding credentials and API keys and for all activity under your Account, including API calls made with your keys. Treat API keys as passwords: never expose them in client-side code or public repositories, scope them narrowly, and rotate them immediately on suspected exposure. Notify [email protected] at once of any unauthorized use. We are not liable for loss resulting from compromised credentials you failed to protect.
4. License to Use the Service
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in compliance with these Terms. You must not: reverse engineer, decompile, or extract source code or model weights; scrape, crawl, or bulk-extract content, prompts, or data belonging to others; resell, rent, or sublicense Account or API access; circumvent rate limits, safety filters, moderation, or access controls; probe or overload our infrastructure; or use the Service in violation of any applicable law, including sanctions and export-control regimes.
Automated access is permitted only through the public API with a valid key and within published quotas (rate limits, concurrency caps, polling discipline, and key-management rules are defined in the API Terms, Sections 2–3, which apply in full). Automated interaction with the website or console outside the API is prohibited.
5. Content: Ownership, Assets, and Platform License
5.1 Your uploads stay yours
You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your uploaded reference images, source files, or original text to us. You represent that you own your User Content or have all rights necessary to submit it and to authorize its processing to provide the Service.
5.2 Assignment of generated Assets to you
Provided you remain in full compliance with these Terms, we assign to you all right, title, and interest we may hold in Assets generated for your Account. You may use them personally and commercially, without territorial limit, subject to Sections 5.3–5.4 and applicable law.
5.3 No uniqueness guarantee
Generative models are probabilistic: identical or similar Prompts, including Prompts submitted by other users, can produce identical or substantially similar Assets. We grant no exclusivity over any Asset and make no representation that an Asset is unique to you, registrable, or free of third-party claims.
5.4 Your clearance responsibility
Before publishing, distributing, or monetizing any Asset, you alone must verify it does not infringe copyright, trademark, likeness, privacy, or other third-party rights in your jurisdiction. This includes depictions of real persons, branded characters, logos, and distinctive artistic styles used commercially. You bear the full risk of such use. If you believe content on the Service infringes your rights, follow the complaint procedure in Section 5.7.
5.5 Limited license back to Mindrift - no training on your private content
By using the Service you grant us a worldwide, royalty-free, non-exclusive, sublicensable (to processors strictly as needed) license to host, store, reproduce, and display your User Content, Prompts, and Assets solely as necessary to operate, deliver, secure, moderate, debug, and maintain the Service, to comply with law, and - only for Public generations you choose to publish - to display them in community surfaces. This license ends when the content is deleted per our retention rules (Privacy Policy §7, Data Privacy Notice §4), except for copies we must retain under legal-hold, tax, or safety obligations, which we keep under restricted access and never display publicly.
No model training on private content. We do not use your private Prompts, User Content, or non-public Assets to train generative AI models. Service improvement uses only irreversibly anonymized or aggregated statistics (no re-identification possible) and safety signals. Our processors are contractually barred from any secondary use, including training (Privacy Policy §5). If this policy ever changes, we will update these Terms and the Privacy Policy in advance and seek any consent required by law. We never sell your Prompts, User Content, or Assets.
5.6 Public generations
Nothing is public by default. An Asset becomes a Public generation only when you explicitly publish it using the in-product publish/share action. Publication is optional. You may unpublish or delete a Public generation at any time from the console; we remove it from our community surfaces promptly. Unpublishing does not retract copies already downloaded, shared, or indexed by third parties outside our control.
5.7 Intellectual-property complaints
If you are a rightsholder (or authorized agent) and believe content hosted or displayed on the Service infringes your copyright, trademark, or personality rights, write to [email protected] with subject "IP complaint" and include: (a) identification of the protected work or right; (b) the exact URL or sufficient detail to locate the allegedly infringing content; (c) your contact details; (d) a good-faith statement that the use is not authorized; and (e) a statement, under penalty of perjury or equivalent, that the information is accurate and you are authorized to act. We review qualifying notices promptly, may remove or restrict access to the content, notify the uploader where legally permitted, and apply repeat-infringer measures up to permanent ban. Counter-notifications disputing removal in good faith may be sent to the same address. This procedure is without prejudice to your right to seek relief before a competent court.
5.8 Our property
Apart from your User Content and assigned Assets, everything in the Service (software, design, trademarks, infrastructure, documentation) remains our exclusive property or that of our licensors.
6. AI Disclaimer
Stochastic output: the Service may produce inaccurate, biased, offensive, or unexpected results without warning, including content misaligned with your Prompt.
No fitness warranty: we do not guarantee that Assets suit your purpose, comply with sector regulation, or are free of third-party claims. Evaluate every Asset before any consequential use. We bear no liability for consequences of your reliance on generated content.
7. Third-Party Providers and Model Availability
Generations may be executed by third-party GPU, model, or API providers acting strictly as processors on our behalf: they receive prompt payloads solely for the duration of the computation, discard them by design, and are contractually barred from any secondary use (see Privacy Policy §5). Their technical constraints (feature support, context limits, content policies) may affect outputs.
Models may be added, updated, repriced, rate-limited, suspended, or discontinued at any time, including by upstream providers. Updates may change output characteristics for the same Prompt. We announce material removals and breaking API changes at least 30 days in advance where reasonably possible (API Terms §5), but give no guarantee that any particular model remains available, unchanged, or identically priced. The "AS IS" provisions of Section 12 apply to model behavior and availability.
8. Acceptable Use
The Community Guidelines and API Terms are strictly enforced and form part of your obligations. You must not generate, upload, or disseminate illegal content (including CSAM in any form, non-consensual intimate imagery, or content facilitating wrongdoing); harass, defame, or target protected groups; attempt to evade moderation, filters, quotas, or suspensions (including via alternate accounts); interfere with the Service, other users, or our providers; or misrepresent AI-generated content where disclosure is legally required (for example, undisclosed synthetic depictions of real events or persons in news, advertising, or electoral contexts, where applicable law so requires).
9. Payments and Wallet
9.1 Top-ups and currency conversion
Usage is prepaid in U.S. dollars. Top up through the console checkout; a processing fee applies and is shown before payment. Card processing is handled entirely by our PCI-DSS Level 1 payment provider. We never see or store full card numbers. Your Balance is denominated in USD: if you pay in another currency (for example euros), conversion happens at checkout at our payment provider's rate, and the USD amount actually credited equals the net amount received after fees. Any non-USD figure shown before payment is an estimate only.
9.2 Taxes
Displayed prices are exclusive of applicable taxes unless the checkout expressly states otherwise. Where you are an EU/UK consumer, checkout shows the VAT-inclusive total required by law and your invoice reflects it. Business customers must supply valid VAT/tax identifiers where reverse-charge or exemption applies; absent valid information, tax is charged as applicable. You remain responsible for any taxes due on your commercial exploitation of Assets.
9.3 Metering
Chat usage is metered per token at the model's published input, output, and cached rates. Image generations are billed per completed generation from the model's base price times its multiplier. Displayed catalog prices are estimates; the exact amount is computed at generation time and may vary with GPU load and request parameters. Tasks blocked by moderation are never charged. Only completed work debits the wallet; failed technical tasks are retriable without double charge for the failed attempt.
9.4 No refunds; EU right of withdrawal
Top-ups are final and non-refundable, including for unused Balance, unsatisfactory outputs, service interruptions, or suspension for Terms violations, except where mandatory law requires otherwise. Generation consumes unrecoverable compute the moment it runs.
EU consumers: where you purchase digital services, you benefit from the 14-day right of withdrawal under EU law. When you top up and expressly request immediate credit and then consume Balance (by generating), you consent to immediate performance and acknowledge that you lose the withdrawal right for consumed amounts once performance has begun with your agreement. Any top-up amount not yet consumed within the 14-day period remains withdrawable to the extent mandatory law requires - contact [email protected] to exercise it.
9.5 Promotional credits
We may issue promotional, referral, or beta credits at our discretion. Unless stated otherwise for a specific offer: they expire 12 months after issuance (or earlier if the offer states so); they carry no cash value, are non-transferable, non-refundable, and non-convertible; they are consumed before paid Balance; and any unused promotional credits are forfeited on Account termination or expiry, with no compensation.
9.6 Payment incidents and chargebacks
Provide accurate billing information. If you believe a charge is erroneous, contact [email protected] first with the invoice reference - most cases resolve within 30 days and we correct genuine errors by re-credit. Deliberately initiating a fraudulent reversal or chargeback for correctly billed, consumed usage entitles us to suspend or terminate your Account immediately, revoke licenses for Assets generated during the disputed period, and recover amounts owed plus reasonable collection costs, to the extent permitted by law. Nothing here prevents you from raising a legitimate dispute with your payment provider or before a competent authority or court.
10. Support and Availability - No SLA
We operate the Service on a best-efforts basis. No uptime, performance, or support-response SLA applies unless agreed in a separate written enterprise agreement. Support is available via the in-console contact flow or at [email protected] (abuse: [email protected], privacy: [email protected]); response times are not guaranteed. There is no service-credit or compensation mechanism for interruptions or degraded performance, except where mandatory law requires otherwise or an enterprise agreement expressly provides one.
11. Moderation, Suspension, Termination, and Voluntary Deletion
We operate automated and human moderation. Depending on severity, frequency, and intent, we may warn, throttle, suspend, or permanently ban Accounts, remove content, revoke API keys, and report illegal activity to competent authorities.
You may appeal a suspension from your console settings or at [email protected]. Appeals are reviewed case by case; the review decision is final. Termination for cause forfeits any remaining Balance (including promotional credits) without refund, except where mandatory law requires otherwise. On any termination you must stop using the Service, delete API keys in your possession, and cease exploiting licenses granted under Section 5 for post-termination use where the termination resulted from your violation. We may also suspend or terminate for convenience with reasonable notice, in which case unused prepaid Balance is refunded pro rata at our discretion where legally required.
Voluntary account deletion. You may delete your Account at any time from console settings or by writing to [email protected] from your Account email. On deletion: (a) API keys are revoked immediately and further usage stops; (b) remaining Balance (paid and promotional) is forfeited except where a refund is required by mandatory law; (c) private generations, User Content, and settings are hard-deleted from production promptly and purged from encrypted backups and CDN copies within 30 days; (d) invoices are retained up to 7 years per tax obligations; (e) moderation records tied to serious violations may be retained under restricted access where necessary for legal defense or law-enforcement cooperation; (f) Public generations you published are unpublished from community surfaces (copies already downloaded or indexed by third parties are beyond our control). Deletion details and rights procedure are set out in Privacy Policy §§7–8 and Data Privacy Notice §4.
12. Warranties
Please read this section carefully.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ASSETS WILL BE ACCURATE, UNIQUE, OR CORRECTABLE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS RIGHTS OR REMEDIES THAT MANDATORY CONSUMER LAW GRANTS YOU AND THAT CANNOT BE WAIVED.
13. Liability Cap
Maximum limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND EVEN IF ADVISED OF THEIR POSSIBILITY.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS CAPPED AT THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100), OR (II) AMOUNTS YOU PAID US IN THE THREE MONTHS PRECEDING THE EVENT. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE CONSUMER OR OTHER MANDATORY LAW, INCLUDING LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR - FOR CONSUMERS - LACK OF CONFORMITY REMEDIES WHERE APPLICABLE.
14. Indemnification - Proportionate and Subject to Consumer Law
To the maximum extent permitted by applicable law, you agree to compensate us (including affiliates, officers, employees, and agents) for proven third-party claims, damages, and reasonable legal costs directly caused by: your use of the Service in breach of these Terms, the Guidelines, or the API Terms; your infringement of third-party rights through User Content, Prompts, or Assets; or harm your published Assets cause to others. This section applies only to the extent enforceable, only to losses attributable to your conduct, and never in a way that imposes an unfair penalty or strips consumers of mandatory protections (including under French consumer law on unfair terms). It does not require consumers to defend claims with counsel of our choosing or to pay unproven or disproportionate sums. This obligation survives termination.
15. Law and Disputes
Governing law: French law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protections of your habitual residence remain unaffected where applicable.
Amicable resolution first: contact [email protected] first; most matters resolve within 30 days.
EU consumers: you may also use the EU Online Dispute Resolution platform and, where applicable, a certified French consumer mediator (contact details provided on request or at [email protected]). Regardless of the arbitration clause below, consumers habitually resident in the EU/EEA or the UK may bring proceedings before the competent courts of their domicile under applicable jurisdictional rules (including Brussels I bis and national consumer codes), and nothing here deprives you of that right.
Arbitration: failing amicable resolution, disputes not brought before a competent consumer court go to binding arbitration in Paris, France, in English or French as agreed (French by default). The class/consolidated/representative-action waiver applies only to the extent permitted by the law applicable to you and does not restrict consumers' rights to collective redress mechanisms provided by mandatory law.
16. General
Severability: unenforceable provisions are cut to the minimum extent required, the rest stands. Force majeure: neither party is liable for delays from events beyond reasonable control. Assignment: you may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or asset sale. Notices: we notify via the Service, email, or this page; you reach us at [email protected] (abuse: [email protected], privacy: [email protected]). Entire agreement: these Terms plus incorporated documents are the whole deal between us on the Service. Language: the English version governs; any translation is for convenience only.