Terms of Service

Version: Draft 1 — 2026-09-10 Governing law: Hong Kong SAR

Status of this document. This is a competent working draft prepared for review by Hong Kong–qualified counsel before it is published or relied on. It has not been reviewed by a lawyer.

1. Parties and acceptance

1.1 These Terms are an agreement between [ENTITY], a company registered in the Hong Kong Special Administrative Region with its registered office at [REGISTEREDADDRESS] ("we", "us", "our"), and the person or entity that opens an account to use the API at [SERVICEURL] ("you", "Customer").

1.2 You accept these Terms when an account is created for you, when you or anyone acting for you first uses an API key issued to your account, or when you tick the acceptance box at signup — whichever happens first. Acceptance is recorded electronically. We store the timestamp of acceptance and the IP address from which it was given. Under the Electronic Transactions Ordinance (Cap. 553) that record has the same effect as a signature.

1.3 The Acceptable Use Policy ("AUP") at docs/legal/acceptable-use-policy.md forms part of these Terms. Where the AUP and these Terms conflict on what content or conduct is permitted, the AUP governs.

1.4 The Service generates adult sexual material. If you do not want to receive, process, store or transmit such material, do not use the Service.

2. Nature of the Service

2.1 The Service is a business-to-business inference API. You send generation requests over HTTPS with an API key and receive machine-readable responses and media assets. There is no consumer-facing website, no content library, and no browsing experience.

2.2 We are a technical intermediary. We do not select, commission, curate, publish or distribute the material you generate. You decide what to generate, to whom you show it, and in what jurisdictions.

2.3 The Service routes requests to third-party model providers. We may add, change or remove models, and may change the provider behind any model, without notice, provided the documented request and response formats for that model do not change in a backward-incompatible way.

2.4 We do not guarantee that any particular prompt will produce any particular output, or that a request that succeeded once will succeed again.

3. Eligibility

3.1 You must be at least 18 years old. If you accept these Terms for an entity, you warrant that you are authorised to bind that entity, and "you" then means the entity.

3.2 You must have the legal capacity to enter into a binding contract in your jurisdiction, and the Service must be lawful for you to use there. Adult material is criminalised or heavily restricted in a number of jurisdictions. Determining the legality of your use where you and your users are located is your responsibility, not ours.

3.3 You must not be a person, or controlled by a person, subject to sanctions that would make it unlawful for us to supply you.

3.4 Your 18+ attestation is recorded at account creation with a timestamp. That attestation is a contractual warranty made afresh on each API request.

4. Accounts and API keys

4.1 We issue API keys. The raw key value is shown once, at the moment of issue, and is never recoverable afterwards. We store only a hash of it.

4.2 An API key authenticates as you. Every request made with your key is treated as your request, is billed to your account, and is your responsibility — whether or not you authorised it.

4.3 You must keep API keys secret. Do not embed a key in client-side code, a mobile application binary, a public repository, or anything else a third party can read. If a key is exposed, revoke it immediately and tell us at [LEGAL_EMAIL].

4.4 We may revoke any key at any time. Revocation takes effect immediately at the authentication cache and is not reversible; a replacement key can be issued.

4.5 You must give us an accurate contact email and keep it current. Notices we send to that address are effective when sent.

5. Credits, pricing and refunds

5.1 The Service is prepaid. You buy credits and spend them on generations. One credit is a unit of account; its price and the credit cost of each model, resolution and duration are published in the model manifest returned by GET /v1/models and in the pricing documentation. Prices may change on notice for future purchases; changes do not reprice credits already bought.

5.2 When you create a generation we reserve credits from your balance at the price for that request. On success the reservation is settled at the actual output duration, and any excess reserved is returned. Where the requested duration is variable, we reserve at the model's maximum and settle down.

5.3 Credits are non-refundable. They have no cash value, do not expire on a fixed date unless we tell you otherwise, cannot be exchanged for money, and cannot be transferred between accounts. Nothing in this clause limits any right you have under law that cannot be excluded by contract.

5.4 The exception to clause 5.3 is the Service's own automatic refund logic. Where a generation does not produce a usable output, the reserved credits are returned to your balance automatically and without a request from you. This applies to:

(a) a provider-side failure; (b) an internal failure on our side; (c) a generation that times out or that we stop polling; (d) a rejection by the upstream safety filter, while our published refund policy provides for it.

A request rejected at validation, or blocked by the hash denylist, is never dispatched and is never charged.

5.5 The refund treatment in clause 5.4(d) is a business decision and may be withdrawn. Repeated safety-filter rejections are an abuse signal and are governed by clause 12 and by the AUP, not by price.

5.6 The credit ledger is append-only and is the authoritative record of your balance. Your account balance shown in the API is a projection of that ledger. If they disagree, the ledger governs. Query any entry you dispute within 60 days of it being written; after that the ledger entry is final.

5.7 New accounts may receive a promotional credit grant. Promotional credits are a gift, carry no refund entitlement of any kind, and may be withdrawn if the account is suspended.

6. Acceptable use

6.1 You must comply with the AUP. Breach of the AUP is a material breach of these Terms.

6.2 You must not attempt to defeat, evade or probe our safety controls, rate limits, concurrency limits, hash denylist or abuse counters, including by re-encoding, re-hosting, obfuscating or re-phrasing an input that was previously refused.

6.3 You must not use the Service to build, train, fine-tune or evaluate a competing generative model, or to systematically extract model behaviour, without our prior written consent.

7. Your end users

7.1 You are responsible for everyone who reaches the Service through you. Your users are your contractual counterparties, not ours. We have no relationship with them and give them no rights.

7.2 Age assurance is your obligation. The Service performs no age verification of your end users. It has no mechanism to do so. Before you allow any person to submit a generation request through your product, or to view any output produced by the Service, you must operate an age assurance process that is:

(a) appropriate to the material, which is sexually explicit; (b) at least as strict as the law requires in every jurisdiction you serve; and (c) auditable, so you can show us on request how a given user was assessed.

7.3 You must impose on your users, by enforceable terms, restrictions at least as strict as the AUP, and you must be able to enforce them — including by suspending or terminating a user.

7.4 You must operate your own abuse reporting and handling process, and act on reports promptly.

7.5 Where you present output to your users, you must classify, label, package and restrict it as the Control of Obscene and Indecent Articles Ordinance (Cap. 390) and the law of every other jurisdiction you serve require. An article classified as obscene may not lawfully be published in Hong Kong at all; an indecent article may only be published subject to statutory conditions, including that it is not published to a person under 18 and carries the prescribed warning. Applying those rules to your product is your job. We do not submit output to the Obscene Articles Tribunal on your behalf and we do not classify output for you.

7.6 You must disclose to your users, in a form they can read before they use your product, that the material is synthetic and AI-generated.

8. Intellectual property

8.1 Your inputs. You keep all rights you have in the prompts, images, video, audio and other material you send us ("Inputs"). We claim no ownership of them.

8.2 Your licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, adapt and store Inputs and Outputs, for the limited purposes of: operating and delivering the Service to you; complying with law; and investigating and enforcing the AUP. The licence lasts as long as we hold the material under clause 9 and no longer. We do not use your Inputs, Outputs or prompts to train models.

8.3 Your warranty on inputs. You warrant that you own or are licensed to use every Input, that submitting it to us infringes nobody's rights, and that where an Input depicts an identifiable person you hold that person's documented, informed, revocable consent to the use you are making.

8.4 Outputs. As between you and us, you own the outputs generated for your account ("Outputs"), and we assign to you whatever rights we may have in them. That assignment is subject to your having paid for the generation and to your compliance with these Terms and the AUP.

8.5 We do not warrant that Outputs are original, that they are protectable by copyright, or that they do not resemble material owned by someone else. Generative models produce similar outputs for similar prompts across customers. The copyright status of purely machine-generated material is unsettled in Hong Kong and elsewhere. You take that risk.

8.6 Our property. We keep all rights in the Service — the API, its documentation, the model manifests, our software and our marks. Nothing here grants you a licence to them beyond using the API as these Terms permit.

9. Storage, retention and delivery of assets

9.1 Generated assets are stored in a private object store. The store is never public. Delivery is by an expiring signed link tied to a specific asset. Anyone holding a valid unexpired link can fetch the asset; treat those links as secrets and do not publish them.

9.2 Generated assets are retained for approximately 30 days from creation and are then deleted. The exact window is a configuration value and may change; the applicable expiry for each asset is reported as expires_at on the generation object. After deletion, previously issued links stop working. Download and store anything you need to keep. We are not your archive and we do not undertake to be able to reproduce a deleted asset.

9.3 We may delete an individual asset earlier than its expiry where we are required to, where we receive a credible report that it is unlawful, or where the account that produced it is suspended or terminated. Deletion is immediate and irreversible: the object and its database row both go, and every signed link to it stops resolving.

9.4 Records we keep for longer. For each generation we record and retain: the prompt text, the SHA-256 digest of each input media reference, the IP address the request came from, and the account and API key that made it. We retain these for longer than the assets themselves, so that we can investigate abuse, respond to a lawful request, and defend a claim. Retention of these records is governed by clause 10.

9.5 We keep the credit ledger and account records for as long as we are required to keep accounting records, and for as long as any limitation period on a claim between us remains open.

10. Personal data

10.1 We handle personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO") and its six Data Protection Principles. We are the data user for the data described in clause 9.4 and for your account data. Where you send us personal data belonging to your users, you are the data user for it and we process it on your behalf.

10.2 DPP1 — collection. We collect only what the Service needs to run and to be defensible: your account and billing details, the request records at clause 9.4, and ordinary security telemetry. We collect prompts and input hashes for a lawful and directly related purpose — preventing and investigating the generation of unlawful material.

10.3 DPP2 — accuracy and retention. We take reasonable steps to keep account data accurate, and we do not keep personal data longer than is necessary for the purpose. Assets go at the clause 9.2 window. Investigation records go when the abuse and limitation purposes at clause 9.4 no longer require them.

10.4 DPP3 — use. We use personal data only for the purposes set out here and for directly related purposes. We do not sell it. We do not use it for marketing without your separate consent. We disclose it only to our processors under contract, and to a law enforcement agency, regulator or court where we are required or permitted to.

10.5 DPP4 — security. API keys are stored as hashes. Assets are stored privately and delivered by expiring signed link. Access to production data is limited to personnel who need it.

10.6 DPP5 — openness. These Terms, together with our privacy notice, are our statement of what we hold and what we do with it.

10.7 DPP6 — access and correction. You may ask for a copy of the personal data we hold about you, and ask us to correct it, by writing to [LEGAL_EMAIL]. We will respond within the statutory period and may charge a fee not exceeding what the PDPO allows. A request that would require us to disclose another person's personal data, or that would prejudice a live abuse investigation, may be refused to the extent the PDPO permits.

10.8 Doxxing. The Personal Data (Privacy) (Amendment) Ordinance 2021 created offences of disclosing a person's personal data without their consent with intent, or reckless as to whether, it causes specified harm. Using the Service to produce or assemble material for that purpose is prohibited, and the Privacy Commissioner may issue a cessation notice which we will comply with.

10.9 We may transfer personal data outside Hong Kong to run the Service. Where we do, we impose contractual protections on the recipient comparable to those required here.

11. Copyright complaints — notice and takedown

11.1 We operate a notice-and-takedown process consistent with the Copyright Ordinance (Cap. 528), as amended by the Copyright (Amendment) Ordinance 2014, and with the Code of Practice for online service providers made under it. We are not a US service and we do not operate a DMCA process; do not send us a DMCA notice and expect it to be handled as one.

11.2 Send a notice of alleged infringement to [LEGAL_EMAIL]. To be actionable it must include:

(a) your name, address, telephone number and email address, and if you act as agent, the name of the copyright owner and evidence of your authority; (b) sufficient identification of the copyright work said to be infringed; (c) sufficient identification of the material on the Service said to infringe it — for hosted assets, the asset identifier or the signed link; (d) a statement that you believe in good faith that the use complained of is not authorised by the copyright owner, its agent or the law; (e) a statement that the information in the notice is accurate, and that you understand that a person who knowingly makes a material misrepresentation in such a notice may be liable for the loss it causes; and (f) your signature, electronic or physical, and the date.

11.3 On receipt of a compliant notice we will act expeditiously to remove or disable access to the identified material, notify the subscriber who produced it, and keep a record of the notice and of what we did.

11.4 The subscriber may send a counter-notice to the same address, giving the same contact details, identifying the material removed, stating why they believe the removal was a mistake or a misidentification, and consenting to the jurisdiction of the Hong Kong courts. Where a counter-notice is compliant and no proceedings are commenced within a reasonable period, we may restore the material if it still exists — note that under clause 9.2 it usually will not.

11.5 A notice that is not about copyright — non-consensual intimate images, an image of a minor, a defamation complaint, a privacy complaint — should go to [ABUSE_EMAIL], not to the copyright address. Those are handled under the AUP and are usually faster.

11.6 We will terminate the accounts of repeat infringers.

12. Suspension and termination

12.1 Automatic suspension. The Service counts content-policy rejections per account over a rolling window. When an account crosses the configured threshold within that window, the account is suspended automatically, without prior notice and without human review. The current settings are 25 rejections in 24 hours; both values are configuration and may change. Suspension takes effect immediately across every key on the account.

12.2 A suspended account cannot create generations and cannot read the API. Credits are not forfeited by the suspension itself, but they cannot be spent while it lasts and they are not refundable.

12.3 To ask for reinstatement, write to [ABUSE_EMAIL] explaining what happened. If we reinstate you, the violation counter is reset from the moment of reinstatement so that the old violations do not re-trip it. Reinstatement is at our discretion. We may decline without giving reasons.

12.4 Manual suspension and termination. We may suspend or terminate immediately, without notice and without refund, where we reasonably believe you have breached the absolute prohibitions in the AUP, where you are in material breach of these Terms, where continuing to serve you would expose us to legal liability, or where we are required to by law or by an order of a court or regulator.

12.5 We may terminate for convenience on 30 days' notice. If we do, we will refund the cash value of unspent purchased credits — this is the one case where credits are refunded. Promotional credits are not refunded.

12.6 You may stop using the Service at any time and ask us to close your account. Closing your account does not refund credits.

12.7 On termination for any reason: your keys stop working, your assets are deleted at or before their normal expiry, and the records at clause 9.4 are retained for the periods described there. Clauses 5.3, 8, 9.4, 10, 13, 14, 15 and 18 survive.

13. Disclaimers

13.1 The Service is provided "as is" and "as available". To the fullest extent the law allows, we exclude all warranties, conditions and terms implied by statute, common law or otherwise, including any as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

13.2 We do not warrant that Outputs will be lawful in your jurisdiction, suitable for your purpose, free of resemblance to real people, or compliant with any classification scheme. Model safety filters are imperfect. They produce false negatives and false positives. The filters are not a compliance function and you must not rely on them as one. Your own review is the control that matters.

13.3 We do not warrant that the hash denylist blocks any particular image. Its limitations are stated in the AUP and you are taken to have read them.

13.4 Nothing in these Terms excludes or restricts liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded — including as limited by the Control of Exemption Clauses Ordinance (Cap. 71).

14. Limitation of liability

14.1 Subject to clause 13.4, neither party is liable to the other for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss or corruption of data, or any indirect or consequential loss, however arising.

14.2 Subject to clause 13.4, our total aggregate liability to you arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you actually paid us in the 12 months immediately before the event giving rise to the claim. Promotional credits are not fees paid.

14.3 Clause 14.2 is a single cap across all claims, not a cap per claim.

14.4 We are not liable for loss caused by an asset being deleted at or after its retention window, or by your failure to download an asset in time.

14.5 You must bring any claim within one year of the date you first knew, or ought reasonably to have known, of the facts giving rise to it.

15. Indemnity

15.1 You will indemnify us, our officers, employees and contractors against all claims, proceedings, losses, damages, fines, penalties, and reasonable legal costs arising out of:

(a) your use of the Service, including anything generated through your account; (b) your breach of these Terms or the AUP; (c) any Input you submitted, including any claim that it infringed a right or was submitted without a required consent; (d) any act or omission of your end users; and (e) any regulatory or criminal proceeding brought against us because of material generated through your account.

15.2 We will tell you promptly of any claim we seek to be indemnified for, and will not settle it without your consent, not to be unreasonably withheld. You may take conduct of the defence of a claim under clause 15.1, subject to our reasonable directions where our own conduct or reputation is in issue.

16. Changes to these Terms

16.1 We may change these Terms and the AUP. We will publish the new version at [SERVICE_URL] with a version date and email the address on your account.

16.2 Material changes take effect 30 days after we notify you. Changes we make to comply with law, or to close an abuse or safety gap, take effect immediately.

16.3 If you do not accept a material change, stop using the Service before it takes effect and ask us to close your account. Continued use after the effective date is acceptance.

17. General

17.1 Assignment. You may not assign or transfer these Terms without our written consent. We may assign to a group company or in connection with a sale of the business.

17.2 Third parties. A person who is not a party has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term, except that our officers, employees and contractors may enforce clause 15.

17.3 Entire agreement. These Terms and the AUP are the whole agreement between us on their subject matter and replace any earlier understanding. Neither party relies on any statement not set out here, but nothing excludes liability for fraudulent misrepresentation.

17.4 Severance. If a clause is unenforceable, it is severed and the rest stands.

17.5 No waiver. A delay in enforcing a right is not a waiver of it.

17.6 Force majeure. Neither party is liable for a failure caused by something outside its reasonable control, including the failure or withdrawal of an upstream model provider.

17.7 Relationship. Nothing here creates a partnership, joint venture, agency or employment relationship.

17.8 Notices. Notices to us go to [LEGAL_EMAIL]. Notices to you go to the email on your account.

18. Governing law and jurisdiction

18.1 These Terms and any dispute arising out of or in connection with them, including a non-contractual dispute, are governed by the laws of the Hong Kong Special Administrative Region.

18.2 The courts of the Hong Kong Special Administrative Region have exclusive jurisdiction. Both parties submit to that jurisdiction and waive any objection based on forum.

18.3 Clause 18.2 does not prevent either party from seeking urgent injunctive relief in any court of competent jurisdiction.

19. Contact