Terms of Service

1. Eligibility and Acceptance

You must be at least 18 years of age to use the Service. By creating an Account, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that your use of the Service complies with all laws applicable to you. If you enter into these Terms on behalf of a legal entity, you represent and warrant that you have authority to bind that entity, and “you” refers to that entity.

By using the Service, you also agree to our Privacy Policy and Acceptable Use Policy, which are incorporated into these Terms by reference. Our Data Deletion page describes how Content may be deleted and how long deleted data may persist, and forms part of these Terms to that extent.

2. Accounts, Workspaces and API Keys

2.1 Account Creation

You must create an account (an “Account”) to use the Service. An Account holds a prepaid balance and contains one or more workspaces (each a “Workspace”). You agree to provide accurate, current and complete information during registration and to keep it up to date.

2.2 API Keys

Access to the Service through the API is authenticated by keys issued within a Workspace (each an “API Key”). You are solely responsible for all activity that occurs through or in connection with your Account and every API Key issued under it, whether or not authorized by you, including all charges incurred and all content requested, uploaded, generated or distributed. You must keep API Keys confidential, must not embed them in publicly accessible code, and must revoke any API Key that you know or suspect to be compromised.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your sign-in credentials. You must notify us immediately at support@genaro.ai if you suspect unauthorized access to your Account or misuse of an API Key.

2.4 One Account Per Person or Entity

Each person or legal entity may maintain only one Account. Creating multiple Accounts to circumvent restrictions, suspensions, limits or billing is prohibited and is grounds for termination of all associated Accounts.

3. Service Description

Genaro is an API-first service that allows you to:

• Store, organize and retrieve media files and their derived versions;
• Request the generation of images and video from third-party generative artificial intelligence models operated by model providers (“Providers”);
• Fund your use of the Service from a prepaid balance;
• Receive notification of events and export operational telemetry to destinations that you configure; and
• Use related features that we make available from time to time, including agent and conversation features.

The Service does not offer subscriptions, and it does not permit you to supply credentials for third-party generation services. We reserve the right to modify, suspend or discontinue any part of the Service, including any model or Provider, at any time, with or without notice. We will make reasonable efforts to provide advance notice of significant changes.

4. Content Ownership and Licenses

4.1 Your Content

You retain ownership of all content that you upload to, input into or request through the Service, including media files, prompts, parameters, reference inputs and configurations (“Your Content”). You grant Genaro a limited, non-exclusive, worldwide, royalty-free license to store, reproduce, process, transmit and display Your Content, and to transmit it to the Providers and other subprocessors that execute your requests, solely for the purposes of providing, maintaining and securing the Service to you, enforcing our policies, and complying with applicable law. We do not use Your Content to train or fine-tune any model, as further described in our Privacy Policy.

4.2 Generated Content

Content generated by artificial intelligence through the Service (“Generated Content”) is created in response to your inputs. To the extent permitted by applicable law, as between you and Genaro, you own the Generated Content that you create through the Service, and we make no claim of ownership over it.

You acknowledge that:

• The legal status of ownership of artificial intelligence-generated content varies by jurisdiction and is evolving;
• Generated Content may be subject to the terms and content policies of the Provider that produced it;
• Similar or identical content may be independently generated by other users using similar inputs; and
• We do not guarantee that Generated Content is unique, original, accurate, or free from third-party intellectual property or other claims.

4.3 Platform Intellectual Property

The Service, including its design, code, features, API, documentation, branding, logos and all underlying technology, is the intellectual property of Genaro and is protected by copyright, trademark and other intellectual property laws. These Terms grant you no rights in our intellectual property other than the limited right to use the Service as described herein.

5. Prepaid Balance, Billing and Payments

5.1 Prepaid Balance

You fund your Account by adding funds, in United States dollars, through a third-party payment processor. Funds are credited to your Account only upon the payment processor’s confirmation of payment. The balance of your Account (“Balance”) does not expire, bears no interest, is not a deposit or stored-value account with any financial institution, and is not transferable. We do not charge your payment method other than for a top-up that you initiate, and the Service does not renew or bill automatically.

5.2 Charges

Each generation request is priced by reference to the model and parameters you select, and a price quotation is available before you submit a request. The price is deducted from your Balance when we accept the request. If your Balance is insufficient, we will decline new generation requests until funds are added. Storage is not currently charged; if we introduce a charge for storage, we will give you prior notice and it will be deducted from your Balance.

5.3 Price Changes

We may change our prices and pricing structure at any time. Changes apply prospectively and do not affect requests already accepted. We will give reasonable advance notice of material price increases. Your continued use of the Service after a price change takes effect constitutes acceptance of it.

5.4 Failed Generations

If a generation request fails for any reason, including because a Provider refuses the request or filters its output, the amount charged for that request is automatically returned to your Balance in full, regardless of whether we incurred a cost from a Provider in respect of the attempt. A generation that completes successfully is not refundable on the basis that you are dissatisfied with the result. Nothing in this section limits our rights under the Acceptable Use Policy.

5.5 Refunds of Unused Funds

Upon written request to support@genaro.ai, we will refund the unused portion of funds that you have added to your Account to the original payment method, without fee. This commitment does not apply to the Balance of an Account that we have suspended or terminated for a violation of these Terms or the Acceptable Use Policy, which may be forfeited to the extent permitted by applicable law. Refunds of funds already consumed by accepted generation requests are not available except as provided in Section 5.4 or as required by applicable law.

5.6 Payment Disputes and Reversals

If a payment is disputed, charged back or reversed, we may suspend or restrict your Account, withhold any remaining Balance, and decline further requests until the matter is resolved. You agree to contact us before initiating a dispute with your payment provider. The use of stolen, unauthorized or fraudulently obtained payment methods is prohibited and constitutes grounds for immediate termination.

6. Content Responsibility and Legal Compliance

6.1 Your Responsibility

You are solely and entirely responsible for all content you upload, request, generate, store, publish or distribute through the Service, including ensuring that it complies with all applicable federal, state, local and international laws in every jurisdiction in which you or your end users are located or in which the content is distributed. Laws regarding generative artificial intelligence, synthetic media, obscenity, personality and publicity rights, and digital media vary significantly between countries, states and municipalities, and it is your obligation to understand and comply with the laws that apply to you. If you make the Service or its output available to your own customers or end users, you are responsible for their use of it.

Genaro does not provide legal advice and makes no representation about the legality of any content in any jurisdiction. If you are unsure whether specific content is lawful, consult a qualified attorney before creating or distributing it.

6.2 Absolute Prohibitions

Regardless of your jurisdiction, the following content is strictly and unconditionally prohibited:

• Any sexually explicit, suggestive or exploitative content depicting minors (any person under 18), whether real or artificially generated, realistic or stylized, including child sexual abuse material (“CSAM”);
• Non-consensual intimate imagery, including artificially generated depictions of real, identifiable persons in sexual or intimate contexts without their documented, verifiable consent;
• Content depicting sexual violence, coercion or exploitation; and
• Content that promotes, incites or provides material support for terrorism or violent extremism.

Violations of these prohibitions will result in immediate and permanent termination of your Account, forfeiture of any Balance to the extent permitted by applicable law, removal of the content, and reporting to the relevant authorities, as further described in the Acceptable Use Policy.

6.3 Moderation and Provider Policies

We may, but are not obliged to, review, screen, refuse, remove or restrict access to any request or content, and Providers may independently refuse requests or filter output under their own policies. You must comply with the content policies and usage terms of every Provider whose model processes your requests; violation of them may result in a Provider restricting access to its models, and we are not liable for any such action. We do not undertake to monitor the Service for unlawful or prohibited content, and our failure to do so is not a waiver of any right.

7. Prohibited Uses

You may not use the Service to engage in any of the following. The Acceptable Use Policy sets out the complete and detailed list:

• Generate, store or distribute any content that is illegal under applicable law;
• Create deepfakes, synthetic media or other artificially generated content intended to deceive, defraud or mislead others;
• Commit or facilitate fraud, impersonation, identity theft or phishing;
• Generate content that infringes the intellectual property, privacy or publicity rights of others;
• Harass, threaten, stalk, bully or intimidate any person;
• Generate or distribute hate speech, content promoting discrimination, or content inciting violence against individuals or groups based on protected characteristics;
• Promote, glorify or incite terrorism, violent extremism or mass violence;
• Generate misinformation or disinformation at scale, including fabricated evidence or synthetic propaganda;
• Circumvent content safety filters, moderation systems, limits, billing controls or other security measures, whether ours or a Provider’s;
• Access or attempt to access another customer’s Workspace, Account or data;
• Reverse-engineer, decompile or attempt to extract the source code of the Service;
• Abuse the Service infrastructure through denial-of-service attacks, unauthorized scraping or excessive load;
• Resell, sublicense, white-label or provide access to the API to third parties, or offer it as your own generation interface, without our prior written agreement. Incorporating the Service into your own product and charging your own customers for that product is permitted, subject to Section 6.1; and
• Use the Service in any manner that could damage, disable, overburden or impair it.

8. Limits

We impose limits on the number of generation requests that may run concurrently in an Account or Workspace, and we may impose limits on request rates, file sizes, storage and other resources in order to protect the Service and other customers. Requests that exceed concurrency limits may be accepted and held in a queue until capacity is available. Requests that exceed other limits may be rejected. We may change limits at any time.

9. Service Availability and Third-Party Services

We strive to provide reliable access to the Service, but we do not guarantee uninterrupted availability. The Service may be unavailable due to maintenance, updates, technical failure, outages of Providers or other third-party services, or circumstances beyond our control, and we are not liable for any loss or damage resulting from downtime or interruption. Models and Providers may be changed, replaced, repriced or withdrawn at any time. Third-party services are governed by their own terms, which we do not control and for which we are not responsible.

10. Suspension and Termination

10.1 Termination by You

You may stop using the Service at any time and may request erasure of your Account and its data in accordance with the Data Deletion page and our Privacy Policy.

10.2 Suspension and Termination by Us

We may suspend, restrict or terminate your Account, including by disabling its API Keys, immediately and without prior notice, if:

• You violate these Terms or the Acceptable Use Policy;
• We are required to do so by law or by order of a competent authority;
• Your conduct creates risk or legal exposure for us, our customers or third parties;
• A payment relating to your Account is disputed, reversed or suspected to be fraudulent; or
• Your Balance is exhausted and the Account is subject to the lifecycle restrictions described on the Data Deletion page.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete Your Content and other Account data, subject to the retention described in the Privacy Policy and on the Data Deletion page. Treatment of any remaining Balance is governed by Section 5.5. Sections of these Terms that by their nature should survive termination, including Sections 5.6, 6, 12, 13, 14, 15 and 16, will continue in effect.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, error-free or secure;
• Generated Content will be accurate, appropriate, non-infringing or free from defects;
• The Service will meet your specific requirements or expectations;
• Any content created through the Service will be legally protected as your intellectual property in any jurisdiction; or
• Providers will remain available, maintain consistent quality, or honor their terms or content policies.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENARO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, INCLUDING THROUGH THE COMPROMISE OF AN API KEY;
• ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF PROVIDERS OR OTHER THIRD PARTIES; OR
• LEGAL CONSEQUENCES ARISING FROM CONTENT YOU CREATE, STORE OR DISTRIBUTE THROUGH THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend and hold harmless Genaro and its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Service, including use through your API Keys;
• Content you upload, request, generate, store or distribute through the Service;
• Your violation of these Terms, the Acceptable Use Policy or any applicable law;
• Your violation of any third-party rights, including intellectual property, privacy and publicity rights; and
• Your violation of the content policies or usage terms of any Provider, to the extent the violation arises from your requests.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for resolution of any dispute arising from these Terms.

15. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at support@genaro.ai. We will attempt to resolve the dispute informally within sixty (60) days. If informal resolution fails, either party may proceed in accordance with Section 14.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and Genaro regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless made in writing.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition or sale of assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or outages of Providers or other third-party services.

17. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new “Last updated” date and, for significant changes, by notifying the owner of your Account by email. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you disagree with any change, you must stop using the Service and request erasure of your Account.

18. Contact Us

If you have questions about these Terms, contact us at: Genaro, Email: support@genaro.ai, Website: https://genaro.ai.