Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and CoinAxe Ltd, a company registered in Malta ("Company", "we", "us", or "our"), governing your access to and use of the Gentok AI service, including our Discord bot, web dashboard, API, and all associated services (collectively, the "Service").

By accessing, browsing, or using the Service in any manner, including but not limited to adding our Discord bot to a server, creating an account, purchasing a subscription, or generating content, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue all use of the Service.

We reserve the right to modify these Terms at any time in accordance with Section 17 below. Your continued use of the Service following any such modification constitutes your acceptance of the modified Terms.

2. Service Description

Gentok AI provides artificial intelligence-powered image and video generation services accessible through two primary interfaces: (a) a Discord bot that operates within Discord servers and channels, and (b) a web-based dashboard accessible at gentok.ai. The Service utilizes third-party AI infrastructure provided by deAPI.ai to process generation requests.

The Service operates on a credit-based system. Users consume credits to generate AI-powered images and videos according to the pricing structure applicable to their subscription plan. Different generation types (image generation, video generation, image editing, background removal, upscaling, etc.) consume varying amounts of credits based on computational complexity and resource requirements.

We reserve the right to modify, suspend, or discontinue any aspect of the Service, including but not limited to available features, generation models, credit costs, and supported platforms, at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

The Service is provided on an "as available" basis. We do not guarantee uninterrupted access, and the Service may be temporarily unavailable due to maintenance, updates, technical issues, or factors beyond our control, including third-party service disruptions (Discord, deAPI.ai, Stripe, or hosting providers).

3. Eligibility and Age Requirements

You must be at least 13 years of age to use the Service, in accordance with Discord's minimum age requirement and applicable data protection regulations including the Children's Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR). By using the Service, you represent and warrant that you meet this minimum age requirement.

Access to NSFW (Not Safe For Work) content generation features requires you to be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. You represent and warrant that you are legally permitted to access adult content in your jurisdiction. We rely on Discord's age verification mechanisms and NSFW channel restrictions; we do not independently verify user ages. You acknowledge that you are solely responsible for complying with age-related legal requirements applicable to your use of the Service.

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Parents and legal guardians are responsible for monitoring and supervising minors' use of the Service.

You further represent and warrant that you are not prohibited from using the Service under the laws of Malta, the European Union, your country of residence, or any other applicable jurisdiction. You must not use the Service if you have been previously suspended or banned from the Service.

4. Account Registration and Security

Access to the Service requires authentication via Discord OAuth 2.0. By logging in through Discord, you authorize us to access certain information from your Discord account, including but not limited to your Discord user ID, username, discriminator, and avatar, as specified in our Privacy Policy. You must have a valid Discord account in good standing to use the Service.

Each user is permitted to maintain only one active account. Creating multiple accounts to circumvent credit limits, abuse free tier allocations, evade suspensions or bans, or for any other purpose is strictly prohibited and constitutes grounds for immediate termination of all associated accounts without refund.

You are solely responsible for maintaining the security and confidentiality of your Discord account credentials. You agree to immediately notify us at support@gentok.ai if you become aware of any unauthorized access to or use of your account. You acknowledge and agree that you are fully responsible for all activities that occur under your account, whether authorized by you or not, until you notify us of a security breach.

We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, including but not limited to cases involving suspected fraudulent activity, Terms violations, abuse of the Service, or where we are required to do so by law or legal process.

You must not share, sell, transfer, or otherwise provide access to your account to any third party. Account credentials and access rights are non-transferable. Any attempt to transfer account access constitutes a material breach of these Terms.

5. Subscriptions and Billing

The Service offers five subscription tiers with varying credit allocations and feature access:

• Free Plan: USD 0.00 per month, 100 credits per month, no NSFW, video, editing, or background removal features
• Creator Plan: USD 4.99 per month, 1,250 credits per month, includes NSFW, video, editing, and background removal features
• Personal Plan: USD 9.99 per month, 1,800 credits per month, includes all features
• Pro Plan: USD 11.99 per month, 2,500 credits per month, includes all features
• Ultimate Plan: USD 29.99 per month, 5,000 credits per month, includes all features

All subscription fees are stated in United States Dollars (USD) and are processed through Stripe, Inc., a third-party payment processor. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring monthly basis until you cancel your subscription. You are responsible for providing accurate and current payment information.

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel your subscription at any time through the billing portal accessible via the Service dashboard. Cancellation will take effect at the end of the current billing period. No refunds or credits will be provided for partial months or unused credits.

Monthly credit allocations are provided at the beginning of each billing period and do not roll over, accumulate, or carry forward to subsequent periods. Unused credits expire at the end of each billing period and have no cash value. Upon downgrading or cancelling your subscription, you will retain access to paid features and any remaining credits until the end of the current billing period.

We reserve the right to modify subscription pricing, credit allocations, and plan features with at least thirty (30) days' advance notice. Price changes will not affect your current billing period and will take effect upon your next renewal. Continued use of the Service after a price change constitutes acceptance of the new pricing.

If a payment fails due to insufficient funds, expired card, or other payment processing issues, we may suspend your access to paid features until payment is successfully processed. Repeated payment failures may result in automatic cancellation of your subscription. You are responsible for all applicable taxes, and all fees are non-refundable except as expressly provided in these Terms or required by applicable law.

Refund Policy: We offer refunds only in the following circumstances: (a) technical issues preventing access to the Service for more than 72 consecutive hours where the fault lies with our infrastructure (not Discord, deAPI.ai, or your internet connection), or (b) where required by applicable consumer protection laws. Refund requests must be submitted to support@gentok.ai within fourteen (14) days of the charge. Credits that have been consumed are not eligible for refund under any circumstances.

6. Credit System and Usage

The Service operates on a credit-based consumption model. Each generation request consumes a specified number of credits based on the type, complexity, and parameters of the generation. Credit costs are determined by computational resource requirements and may vary for different generation types, including but not limited to:

• Text-to-image generation
• Image-to-image transformation
• Text-to-video generation
• Image-to-video animation
• Image upscaling
• Background removal
• Image editing and inpainting

Current credit costs for each generation type are displayed in the Service interface prior to generation execution. We reserve the right to modify credit costs at any time with or without notice, though such changes will not apply retroactively to credits already allocated to your account.

Credits are consumed immediately upon successful generation request submission, regardless of whether the generation completes successfully, fails due to technical issues, or produces unsatisfactory results. We do not provide refunds, credits, or compensation for failed generations, generations that do not meet your expectations, or generations affected by third-party service disruptions (including deAPI.ai infrastructure issues).

Monthly credit allocations refresh automatically at the beginning of each billing period for active paid subscriptions. Free plan credit allocations refresh on the first day of each calendar month. Credit balances reset to the plan allocation amount regardless of previous usage; unused credits from the prior period are forfeited and cannot be carried forward, transferred, or refunded.

Credits have no monetary value and cannot be exchanged for cash, transferred to other accounts, sold, or otherwise commercialized. Credits are provided solely for personal use in accordance with your subscription plan and these Terms.

We reserve the right to adjust credit balances to correct errors, suspected fraud, or abuse of the Service. In cases of demonstrable technical errors on our part resulting in incorrect credit deductions, we may, at our sole discretion, restore credits to affected accounts.

7. User Content and Responsibility

CRITICAL NOTICE: You are the sole and exclusive owner of all content generated through the Service ("Generated Content"). You retain all intellectual property rights, title, and interest in and to Generated Content. We claim no ownership rights over Generated Content.

You are solely and exclusively responsible for all Generated Content created using your account. This responsibility includes, without limitation:

• Ensuring Generated Content complies with all applicable laws, regulations, and third-party rights in all jurisdictions where you access, store, distribute, or otherwise use such content
• Obtaining all necessary rights, licenses, permissions, and consents for any input content (text prompts, source images, reference materials) you provide to the Service
• Determining the legality, appropriateness, and permissibility of Generated Content in your jurisdiction and context of use
• All consequences arising from the creation, possession, distribution, publication, or use of Generated Content

WE DO NOT REVIEW, MODERATE, PRE-SCREEN, MONITOR, OR EXERCISE EDITORIAL CONTROL OVER GENERATED CONTENT. We do not examine content before, during, or after generation. We have no knowledge of what content you generate and assume no responsibility for monitoring user-generated content for illegal, offensive, or prohibited material.

You explicitly acknowledge, understand, and agree that we are a technology service provider offering tools for content generation. We do not control, direct, or influence what content users create. The AI models used by the Service are provided by third-party infrastructure (deAPI.ai), and we do not train, fine-tune, or control the outputs of these models beyond basic API parameters.

By using the Service, you represent, warrant, and guarantee that:

• All Generated Content and input materials comply with these Terms, applicable laws, and third-party rights
• You have obtained all necessary rights and permissions for any input content you provide
• Generated Content does not and will not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party
• Generated Content does not and will not violate any applicable law, statute, ordinance, regulation, or treaty
• You are legally permitted to create, possess, and use Generated Content in your jurisdiction

You grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, and process Generated Content solely to the extent necessary to provide the Service to you, including temporary storage on our servers and transmission through third-party infrastructure providers. This license terminates when you delete Generated Content from our systems or terminate your account, except for backups retained in accordance with our standard backup retention policies.

We reserve the right, but not the obligation, to investigate reports of Terms violations and to remove, disable access to, or modify any content or account in our sole discretion if we become aware of content that we believe, in good faith, violates these Terms, applicable law, or the rights of third parties. Such actions do not constitute an admission of liability, create a duty to monitor, or waive our protections under applicable safe harbor provisions and intermediary liability limitations.

8. NSFW Content

Paid subscription plans (Creator, Personal, Pro, and Ultimate) include access to NSFW (Not Safe For Work) content generation features. Free plan users do not have access to NSFW generation capabilities.

NSFW content generation through the Discord bot is restricted to Discord channels explicitly marked as NSFW using Discord's native age-gating mechanisms. Attempting to generate NSFW content in non-NSFW channels will result in request rejection. We rely entirely on Discord's NSFW channel designation and age verification systems; we do not independently verify channel settings or user ages.

By accessing NSFW features, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. You further represent and warrant that you are legally permitted to access, possess, and create adult content under the laws of your jurisdiction.

You acknowledge and agree that you are solely responsible for ensuring your access to and use of NSFW content complies with all applicable laws, regulations, community standards, and workplace policies in your jurisdiction and context of use. Laws regarding adult content vary significantly by jurisdiction. Content that is legal in one jurisdiction may be illegal in another. You bear all responsibility and risk for determining legality and compliance.

NSFW features are subject to all other restrictions in these Terms, including but not limited to prohibitions on child sexual abuse material (Section 9), deepfakes and non-consensual intimate imagery, harassment, and illegal content. The availability of NSFW features does not authorize, permit, or condone creation of illegal, abusive, or prohibited content.

We reserve the right to restrict, suspend, or terminate NSFW access for any user or account at our sole discretion, including but not limited to cases involving suspected misuse, legal compliance concerns, or Terms violations. We may also modify, limit, or discontinue NSFW features entirely at any time with or without notice.

9. Prohibited Uses

You agree not to use the Service, directly or indirectly, for any purpose or in any manner that violates these Terms, applicable law, or the rights of others. Prohibited uses include, without limitation:

9.1 Child Sexual Abuse Material (CSAM)

ZERO TOLERANCE POLICY: Any attempt to generate, access, possess, distribute, or solicit child sexual abuse material (CSAM) or any sexually explicit content depicting, describing, or involving minors is absolutely prohibited and will result in:

• Immediate and permanent account termination without notice or refund
• Reporting to the National Center for Missing & Exploited Children (NCMEC), INTERPOL, Europol, and applicable law enforcement authorities
• Full cooperation with law enforcement investigations, including disclosure of all available user information, logs, and evidence
• Potential civil and criminal legal action

This prohibition applies to all content forms, including realistic, artistic, cartoon, anime, CGI, or any other visual style. We employ automated detection mechanisms and cooperate fully with law enforcement to combat CSAM.

9.2 Non-Consensual Intimate Content and Deepfakes

You must not use the Service to create, distribute, or facilitate creation of:

• Non-consensual intimate images or videos ("revenge porn")
• Deepfakes or manipulated media depicting real individuals without their explicit consent
• Synthetic media designed to deceive, defame, or harm identifiable individuals
• Sexually explicit content featuring identifiable persons without verifiable consent documentation
• Fake endorsements, false statements, or misleading representations attributed to real individuals

9.3 Harassment, Threats, and Harmful Content

Prohibited content includes material that:

• Harasses, bullies, threatens, intimidates, or incites violence against any individual or group
• Promotes, glorifies, or incites self-harm, suicide, eating disorders, or dangerous activities
• Constitutes hate speech or promotes discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, gender identity, disability, or other protected characteristics
• Depicts graphic violence, gore, or animal cruelty for shock value or entertainment

9.4 Intellectual Property Infringement

You must not use the Service to:

• Generate content that infringes copyrights, trademarks, trade secrets, patents, or other intellectual property rights
• Reproduce copyrighted characters, logos, brand identities, or distinctive artistic styles without authorization
• Create derivative works of copyrighted material without appropriate licenses
• Circumvent digital rights management (DRM) or other technological protection measures

While AI-generated content may raise novel intellectual property questions, you remain responsible for ensuring your Generated Content does not violate existing IP rights. If you receive a valid DMCA takedown notice or intellectual property complaint regarding Generated Content, you agree to promptly remove such content and cooperate with any investigation.

9.5 Illegal Activities and Fraud

You must not use the Service to:

• Engage in or facilitate illegal activities, including but not limited to fraud, money laundering, drug trafficking, human trafficking, or terrorism
• Generate counterfeit currency, forged documents, fake identification, or fraudulent credentials
• Create phishing materials, scam content, or deceptive media designed to defraud others
• Evade legal obligations, court orders, or regulatory requirements
• Generate evidence, documentation, or media intended to mislead legal proceedings or investigations

9.6 Malicious Technical Activities

Prohibited technical activities include:

• Attempting to circumvent, disable, or interfere with security features, usage limits, or access controls
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code or algorithms
• Using automated systems, bots, scrapers, or similar technologies to access the Service beyond normal human usage patterns, except with express written permission
• Performing security testing, penetration testing, or vulnerability assessments without prior written authorization
• Attempting to gain unauthorized access to our systems, networks, accounts, or data
• Interfering with or disrupting the Service, servers, networks, or infrastructure
• Transmitting viruses, malware, or malicious code

9.7 Spam and Commercial Abuse

You must not:

• Use the Service for unsolicited commercial communications, spam, or bulk messaging
• Generate content at scale for commercial resale without an appropriate commercial license agreement
• Create multiple accounts to circumvent usage limits or abuse free tier allocations
• Share account credentials or provide unauthorized third-party access to the Service

9.8 Platform Abuse

You must not:

• Misrepresent your identity, affiliation, or the source of Generated Content
• Impersonate any person or entity, including Company employees or representatives
• Use the Service in any manner that violates Discord's Terms of Service or Community Guidelines
• Attempt to manipulate, abuse, or exploit the credit system, referral programs (if any), or billing systems

Violations of this Section 9 may result in immediate account suspension or termination, forfeiture of all credits and subscription fees, legal action, and reporting to relevant authorities. We reserve the right to cooperate with law enforcement and provide user information in connection with investigations of illegal activity.

10. Intellectual Property Rights

As stated in Section 7, you retain all ownership rights, title, and interest in and to Generated Content created using the Service. We claim no ownership over your Generated Content.

The Service itself, including but not limited to software, code, databases, APIs, user interfaces, visual designs, trademarks, logos, service marks, trade names, and all associated intellectual property (excluding Generated Content and third-party components), is owned by or licensed to CoinAxe Ltd and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal or internal business purposes in accordance with these Terms. This license does not include any right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any portion of the Service (except Generated Content)
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use the Service or any portion thereof to develop competing services or products
• License, sell, rent, lease, transfer, assign, or otherwise commercially exploit the Service or make it available to third parties

All trademarks, service marks, and trade names used in connection with the Service are the property of their respective owners. Nothing in these Terms grants you any right to use Company trademarks, logos, domain names, or other distinctive brand features without express written permission.

We respect the intellectual property rights of others and expect users to do the same. If you believe that any content on or generated through the Service infringes your intellectual property rights, please contact us at support@gentok.ai with detailed information including: (a) identification of the copyrighted work or intellectual property claimed to be infringed, (b) identification of the allegedly infringing material, (c) your contact information, (d) a statement of good faith belief that use is unauthorized, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the rights holder. We will investigate legitimate claims and may remove or disable access to allegedly infringing content in accordance with applicable law.

The underlying AI models used to generate content are provided by third-party infrastructure (deAPI.ai) and are subject to separate intellectual property rights and licensing terms. We do not own, control, or claim rights to these AI models. Questions regarding model architecture, training data, or model-specific intellectual property should be directed to the respective model providers.

11. Third-Party Services and Integrations

The Service integrates with and relies upon multiple third-party services and platforms, including but not limited to Discord, Stripe, and deAPI.ai. Your use of the Service is subject to the terms of service, privacy policies, community guidelines, and acceptable use policies of these third-party providers.

11.1 Discord

The Discord bot component of the Service operates within the Discord platform and is subject to Discord's Terms of Service (https://discord.com/terms) and Community Guidelines (https://discord.com/guidelines). You must comply with all Discord policies when using our Discord bot. Discord may suspend, restrict, or terminate your Discord account for violations of their terms, which will affect your ability to use the Discord bot component of our Service. We are not responsible for Discord's actions, policies, or service availability.

11.2 Stripe

Payment processing is handled by Stripe, Inc. By subscribing to a paid plan, you agree to be bound by Stripe's Services Agreement (https://stripe.com/legal/ssa) and Privacy Policy (https://stripe.com/privacy). We do not store complete payment card information; such data is securely processed and stored by Stripe in accordance with PCI DSS standards. Payment disputes, chargebacks, and billing inquiries are subject to Stripe's policies and procedures.

11.3 deAPI.ai (AI Infrastructure Provider)

AI generation processing is performed by deAPI.ai, a third-party AI infrastructure provider. The quality, accuracy, availability, and characteristics of AI-generated content are dependent on deAPI.ai's infrastructure, models, and services. We do not control, operate, or maintain the underlying AI models. deAPI.ai may have separate terms of service, usage policies, and content policies that apply to the AI generation process. Service interruptions, model changes, quality variations, or generation failures caused by deAPI.ai are beyond our control.

11.4 General Third-Party Disclaimer

We are not responsible for and do not endorse the content, products, services, policies, or practices of any third-party service providers. Third-party services are provided "as is" and your use of such services is at your own risk. We shall not be liable for any damages, losses, or issues arising from third-party services, including but not limited to service interruptions, data breaches, policy violations, or changes to third-party terms.

Third-party service providers may change their terms, policies, pricing, or service availability at any time. Such changes may affect the Service's functionality, features, or availability. We will make reasonable efforts to maintain Service continuity but are not liable for disruptions caused by third-party changes.

Links to third-party websites or services do not constitute endorsement. We are not responsible for examining or evaluating the content or accuracy of third-party sites and do not warrant or assume liability for any third-party materials, websites, or services.

You acknowledge that third-party service providers may collect, use, and process your data in accordance with their own privacy policies, over which we have no control. We encourage you to review the privacy policies of all third-party services you use in connection with the Service.

12. Termination and Suspension

These Terms remain in full force and effect while you use the Service. We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Service, your account, or any portion thereof, immediately and without prior notice or liability, for any reason or no reason, including but not limited to:

• Violation of these Terms or our policies
• Suspected fraudulent, abusive, or illegal activity
• Requests by law enforcement or other government agencies
• Unexpected technical issues or security concerns
• Extended periods of inactivity
• Non-payment or payment disputes
• Violation of third-party terms of service (Discord, Stripe, deAPI.ai)

You may terminate your account at any time by discontinuing use of the Service and cancelling your subscription through the billing portal. Account termination does not relieve you of any obligations to pay outstanding fees or charges incurred prior to termination.

Upon termination or suspension of your account for any reason:

• Your right to access and use the Service immediately ceases
• All outstanding payment obligations become immediately due and payable
• You forfeit all remaining credits with no refund or compensation
• We may delete or retain Generated Content and account data in accordance with our Privacy Policy and data retention policies
• Paid subscriptions will not be refunded for partial months or unused service periods, except as required by applicable consumer protection law
• You remain bound by all provisions of these Terms that by their nature should survive termination, including but not limited to Sections 7 (User Content and Responsibility), 10 (Intellectual Property Rights), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Governing Law)

We are not liable to you or any third party for suspension or termination of your access to the Service. Termination of your account does not limit our right to pursue legal remedies for Terms violations or to report illegal activity to appropriate authorities.

If your account is terminated for cause (Terms violations, illegal activity, abuse), you are prohibited from creating new accounts or accessing the Service through alternative means. Circumventing a suspension or ban constitutes a material breach and may result in legal action.

In cases of account termination due to our decision to discontinue the Service entirely, we will provide reasonable advance notice and may, at our sole discretion, offer pro-rata refunds for prepaid subscription periods.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COINAXE LTD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, "COMPANY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF CONTENT, INFORMATION, OR SERVICES OBTAINED THROUGH THE SERVICE

Without limiting the foregoing, the Company Parties make no warranty, representation, or guarantee that:

• The Service will meet your requirements or expectations
• Generated Content will be accurate, appropriate, suitable for your intended purpose, or free from errors, artifacts, or defects
• AI-generated outputs will be consistent, reproducible, or of any particular quality standard
• The Service will be compatible with your hardware, software, or network configuration
• Any errors, bugs, or defects in the Service will be corrected
• The Service or underlying infrastructure will be available at any particular time or location
• Generated Content will be free from intellectual property infringement or other legal issues
• The Service will remain available, will not be modified, or will not be discontinued

AI-GENERATED CONTENT DISCLAIMER: Artificial intelligence models are probabilistic systems that may produce unpredictable, inconsistent, inaccurate, inappropriate, biased, offensive, or factually incorrect outputs. Generated Content may contain errors, hallucinations, artifacts, distortions, or unintended characteristics. You acknowledge that AI-generated content inherently involves uncertainty and variability. We do not guarantee any particular quality, accuracy, appropriateness, or characteristics of Generated Content.

THIRD-PARTY SERVICES DISCLAIMER: The Service relies on third-party infrastructure (Discord, deAPI.ai, Stripe, hosting providers) over which we have limited or no control. We disclaim all warranties regarding third-party service availability, performance, reliability, security, or compliance. Third-party service failures, interruptions, changes, or discontinuations may affect the Service without notice.

SECURITY DISCLAIMER: While we implement reasonable security measures, we cannot guarantee absolute security of data transmitted through or stored on the Service. You acknowledge that internet-based services inherently involve security risks, including but not limited to interception, unauthorized access, data breaches, and cyber attacks. You use the Service at your own risk regarding data security.

You acknowledge that you have not relied on any representations or warranties other than those expressly set forth in these Terms. Any advice or information, whether oral or written, obtained by you from us or through the Service does not create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, the Company Parties' liability and warranties are limited to the greatest extent permitted by law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business opportunities, goodwill, or reputation
• Loss of data, content, or Generated Content
• Cost of procurement of substitute goods or services
• Business interruption or work stoppage
• Computer failure or malfunction
• Damages arising from Generated Content, including but not limited to defamation claims, intellectual property infringement, privacy violations, or legal liability
• Damages arising from third-party services (Discord, deAPI.ai, Stripe) or third-party actions
• Damages arising from security breaches, unauthorized access, data loss, or cyber attacks
• Any other commercial damages or losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The total amount paid by you to us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim, OR
• One hundred US dollars (USD 100.00)

This limitation applies regardless of the number of claims, the legal theory asserted, or whether the limited remedies available under these Terms fail of their essential purpose. You acknowledge that the fees charged for the Service reflect this allocation of risk and the limitation of liability, and that we would not provide the Service at the current pricing without these limitations.

SPECIFIC LIMITATIONS:

• Generated Content: We shall have no liability whatsoever for any claims, damages, losses, or legal issues arising from or related to Generated Content, including but not limited to intellectual property infringement, defamation, privacy violations, or violations of third-party rights. You acknowledge that you create and use Generated Content at your own risk and assume all liability therefor.
• Third-Party Actions: We shall have no liability for actions taken by third parties, including but not limited to Discord, deAPI.ai, Stripe, hosting providers, law enforcement, regulatory authorities, intellectual property rights holders, or other users.
• Account Termination: We shall have no liability for suspension or termination of accounts, loss of credits, loss of access to the Service, or deletion of data, except for refund obligations expressly stated in these Terms.
• Service Modifications or Discontinuation: We shall have no liability for modifying, suspending, or discontinuing the Service or any features thereof, except as expressly required by applicable consumer protection law.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, the Company Parties' liability is limited to the greatest extent permitted by applicable law. If you are a consumer resident in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection legislation.

You acknowledge that these limitations of liability are fundamental elements of the agreement between you and the Company, and that the Company would not provide the Service without these limitations.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law, regulation, or third-party right
• Your Generated Content, including but not limited to any claims of intellectual property infringement, defamation, invasion of privacy, violation of publicity rights, or other violations of third-party rights
• Your breach of any representations, warranties, or covenants in these Terms
• Any dispute between you and any third party arising from or related to your use of the Service
• Your negligence, willful misconduct, or violation of law
• Unauthorized use of the Service through your account, whether or not authorized by you
• Your provision of false, inaccurate, or misleading information to us

This indemnification obligation includes, without limitation:

• Claims brought by individuals alleging that Generated Content depicting them was created without consent (deepfakes, non-consensual intimate imagery, defamatory content)
• Intellectual property infringement claims related to Generated Content
• Claims arising from your distribution, publication, or commercial use of Generated Content
• Regulatory enforcement actions resulting from your violations of applicable law
• Third-party claims related to NSFW content you generate or distribute

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You may not settle any claim subject to this indemnification obligation without our prior written consent.

This indemnification obligation shall survive termination of these Terms and your use of the Service. You acknowledge that the indemnification obligations in this Section are material inducements for us to provide you access to the Service.

Your indemnification obligations are in addition to, and not in lieu of, any other remedies we may have under these Terms or applicable law.

16. Governing Law and Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your relationship with us, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, to the extent applicable, are expressly disclaimed and shall not apply.

Subject to the arbitration provisions below (where applicable), you agree that any Dispute shall be resolved exclusively in the courts of Malta. You irrevocably consent to the exclusive jurisdiction and venue of the Maltese courts for the resolution of any such Dispute. You waive any objection to venue in the Maltese courts and any claim that the Maltese courts are an inconvenient forum.

Mandatory Arbitration (where enforceable): If you are located in a jurisdiction that permits mandatory arbitration clauses, you agree that any Dispute shall be resolved through binding arbitration in accordance with the Arbitration Rules of the Malta Arbitration Centre, as amended from time to time. The arbitration shall be conducted in English in Malta. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action.

EU Consumer Rights: If you are a consumer resident in the European Union, nothing in this Section affects your rights under applicable EU consumer protection legislation, including your right to bring proceedings in the courts of your country of residence. EU consumers may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Informal Dispute Resolution: Before initiating any formal legal proceedings, you agree to first contact us at support@gentok.ai to attempt to resolve the Dispute informally. We will make good faith efforts to resolve Disputes amicably within sixty (60) days of receiving your notice.

Class Action Waiver: To the fullest extent permitted by applicable law, you agree that all Disputes shall be resolved on an individual basis and not as part of a class action, consolidated action, or representative proceeding. You waive any right to participate as a class representative or class member in any class action proceeding.

Time Limitation: You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, except where prohibited by applicable consumer protection law.

17. Changes to Terms

We reserve the right to modify, amend, update, or replace these Terms at any time in our sole discretion. Changes may be necessary due to legal, regulatory, or operational requirements, changes to the Service, or other business reasons.

We will provide notice of material changes to these Terms by:

• Posting the updated Terms on our website with a revised "Last Updated" date
• Sending an email notification to the email address associated with your Discord account (if available)
• Displaying an in-Service notification upon your next login or use of the Service

Material changes will become effective thirty (30) days after notice is provided, except where we are legally required to implement changes immediately or on a shorter timeline. Non-material changes (such as clarifications, formatting updates, or administrative changes) become effective immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your subscription before the effective date. Cancellation of your subscription due to Terms changes that materially reduce your rights or increase your obligations may entitle you to a pro-rata refund of any prepaid subscription fees for the unused portion of your subscription period, at our sole discretion.

We encourage you to review these Terms periodically to stay informed of updates. You can determine when these Terms were last revised by referring to the "Last Updated" date at the top of this page.

Changes to subscription pricing, credit allocations, or plan features are governed by Section 5 (Subscriptions and Billing) and will not affect your current billing period.

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Service, constitute the entire agreement between you and CoinAxe Ltd regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign these Terms, in whole or in part, to any third party at any time without notice or consent, including in connection with a merger, acquisition, reorganization, sale of assets, or operation of law.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and us. You have no authority to bind us or make commitments on our behalf.

18.7 Third-Party Beneficiaries

These Terms are for the benefit of and are enforceable by you and CoinAxe Ltd only. These Terms do not create any third-party beneficiary rights, except that the Company Parties (as defined in Section 13) are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer of warranties provisions.

18.8 Survival

Sections 7 (User Content and Responsibility), 9 (Prohibited Uses), 10 (Intellectual Property Rights), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Governing Law and Dispute Resolution), and 18 (Miscellaneous Provisions) shall survive termination of these Terms and your use of the Service.

18.9 Language

These Terms are drafted in English. Any translations provided for convenience are not legally binding. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.

18.10 Headings

Section headings in these Terms are for convenience only and shall not govern the interpretation of any provision.

18.11 Interpretation

As used in these Terms, the words "include" and "including" and variations thereof are deemed to be followed by the words "without limitation." The words "herein," "hereof," and "hereunder" refer to these Terms as a whole.

19. Contact Information

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

We will make reasonable efforts to respond to all inquiries within five (5) business days. For legal notices, please send correspondence to the address above marked "Attention: Legal Department."