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Terms of Service

Last updated: [LAUNCH DATE] Effective: [LAUNCH DATE] Version: 1.0

Welcome to Miragefield. These Terms of Service ("Terms") form a legally binding agreement between you and Miragefield OÜ ("Miragefield", "we", "us", or "our"), a private limited company registered in the Republic of Estonia under company number [REGISTRATION NUMBER], with its registered office at [REGISTERED OFFICE ADDRESS]. By creating an account, accessing, or using our website, applications, or services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree with these Terms, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to both you personally and that organization.

1. The Service

1.1 What we provide

Miragefield is a subscription-based software-as-a-service platform that uses artificial intelligence models to generate digital images (and, in later releases, digital video) based on text prompts and other inputs you provide. The Service includes the web application, any mobile applications, our application programming interface ("API") if and when made available, and any associated documentation, tools, and content.

1.2 AI-generated content disclosure

You acknowledge and understand that:

  • The Service uses generative artificial intelligence models, including but not limited to open-source diffusion models, to produce outputs.
  • AI-generated outputs are probabilistic and non-deterministic. Identical or similar prompts may produce different outputs on different occasions.
  • Outputs may be inaccurate, may unintentionally resemble existing works, may reflect biases present in training data, and may be unsuitable for any specific purpose.
  • You are solely responsible for evaluating the suitability of outputs for your intended use and for complying with all applicable laws when using them.

1.3 Service changes

We may modify, suspend, or discontinue features of the Service at any time, with or without notice. We will provide reasonable advance notice of material changes that adversely affect paying subscribers, except where immediate change is required for legal, security, or operational reasons.

2. Eligibility and accounts

2.1 Age requirement

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Service. The Service is not directed to children. We do not knowingly collect information from individuals under 18, and we will terminate any account we discover to belong to such a person.

2.2 Account registration

To use the Service you must create an account. You agree to: (a) provide accurate and current information; (b) maintain the security of your password and credentials; (c) promptly notify us at [SECURITY EMAIL] of any unauthorized access; and (d) accept responsibility for all activity that occurs under your account. You may not share your account credentials with any other person.

2.3 Geographic restrictions

The Service is not available in jurisdictions where its provision would be unlawful. We reserve the right to refuse service or restrict access from any jurisdiction, including but not limited to jurisdictions subject to comprehensive sanctions administered by the European Union, the United States Office of Foreign Assets Control, or the United Nations Security Council. Currently restricted jurisdictions include: [LIST TO BE FINALIZED — typically Cuba, Iran, North Korea, Syria, the Crimea/Donetsk/Luhansk regions, and other sanctioned territories].

3. Subscription and payment

3.1 Subscription plans

The Service is offered on a subscription basis. The current price for the Base Tier is USD 19.99 per month, billed in advance. We may offer additional tiers, annual plans, or promotional pricing from time to time. The price applicable to your subscription is the price displayed at the time of your purchase and confirmed in your billing receipt.

3.2 Payment processors

Payments are processed by third-party payment processors, currently Stripe Inc., Paddle.com Market Limited, and Cryptomus (the "Payment Processors"). Your use of payment functionality is also subject to the terms of the applicable Payment Processor. We do not store full payment card data on our servers.

3.3 Auto-renewal

Subscriptions automatically renew at the end of each billing period for the same duration at the then-current price, unless you cancel before the end of the current period. By subscribing, you authorize us and our Payment Processors to charge your payment method on each renewal date.

3.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting [BILLING EMAIL]. Cancellation takes effect at the end of your current billing period. You retain access to paid features until that date.

3.5 Refunds

Except as required by applicable consumer protection law, all fees are non-refundable. For consumers resident in the European Union, the right of withdrawal under the Consumer Rights Directive (Directive 2011/83/EU) does not apply to digital content already supplied with your prior express consent, which you provide by initiating generation or downloading any output. For other jurisdictions with mandatory consumer protections, those statutory rights apply and override this clause to the extent of any conflict.

3.6 Taxes

Prices are exclusive of taxes unless stated otherwise. Where Paddle operates as Merchant of Record, applicable VAT, GST, or sales tax is calculated and remitted by Paddle. Where Stripe or another processor is used, you are responsible for any taxes not collected by the processor in jurisdictions where you owe them.

3.7 Failed payments

If a payment fails, we may retry the charge. After repeated failures, we may suspend or downgrade your account until payment is restored.

4. Acceptable use

Your use of the Service is subject to our Content Policy & Acceptable Use Policy, which is incorporated into these Terms by reference. The Content Policy describes specifically what content you may and may not generate using the Service. Violations of the Content Policy are violations of these Terms and may result in immediate suspension or termination of your account.

Without limiting the Content Policy, you also agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
  • Interfere with, disrupt, or circumvent any security, rate-limiting, or access-control measure;
  • Attempt to reverse-engineer, decompile, or extract the underlying models, weights, or training data of the Service;
  • Use the Service to develop a competing AI model, including by using outputs as training data for another generative AI system;
  • Resell, sublicense, or commercially redistribute the Service itself (as distinct from outputs);
  • Use any automated system, including bots, scrapers, or scripts, to access the Service except via our official API and within its stated rate limits;
  • Submit prompts, inputs, or content that infringe the intellectual property, privacy, publicity, or other rights of any third party.

5. Intellectual property

5.1 Our intellectual property

Miragefield, the Miragefield logo, all software comprising the Service, our user interface, our trained model weights, our prompt-augmentation systems, our documentation, and all related intellectual property are owned by Miragefield OÜ or its licensors. Nothing in these Terms grants you any right in or to our intellectual property except the limited license to use the Service described in these Terms.

5.2 Your inputs

You retain all right, title, and interest in the prompts, reference images, and other inputs you submit to the Service ("Inputs"). You grant us a worldwide, non-exclusive, royalty-free license to use your Inputs solely for the purpose of operating, securing, maintaining, and improving the Service, including for content moderation and abuse prevention. We will not use your Inputs to train generative AI models without your separate, explicit, opt-in consent.

5.3 Your outputs

As between you and Miragefield, and subject to your compliance with these Terms, we assign to you all right, title, and interest we may have in the outputs generated for you by the Service ("Outputs"). You may use Outputs for any lawful purpose, including commercial purposes, subject to the Content Policy and these Terms.

Important caveats on output ownership. Our assignment of Outputs to you is contractual; it does not guarantee that the Outputs are protectable under copyright law in any jurisdiction. Several jurisdictions, including the United States, currently hold that purely AI-generated works are not eligible for copyright protection. We make no representation that any Output is original, non-infringing, or copyrightable. You are responsible for evaluating the legal status of any Output before relying on it commercially. We also do not represent that Outputs will not unintentionally resemble or include elements that resemble copyrighted works.

5.4 Disclosure obligations

Where applicable law, marketplace policy, or industry practice requires disclosure that content was generated by AI (including but not limited to platform-specific AI disclosure rules), you are responsible for making the required disclosure.

5.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without obligation to you.

6. DMCA and copyright complaints

We respect intellectual property rights and respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") and equivalent laws in other jurisdictions. To submit a DMCA notice, send written notice to our Designated Agent containing the information required under 17 U.S.C. § 512(c)(3):

DMCA Designated Agent Miragefield OÜ — DMCA Agent Email: [DMCA EMAIL] Postal: [REGISTERED OFFICE ADDRESS] US Copyright Office DMCA Agent registration: [TO BE OBTAINED — ~$6/year]

We will respond to valid notices by removing or disabling access to the allegedly infringing material and notifying the user who uploaded or generated it. Repeat infringers will have their accounts terminated. Material misrepresentations in a DMCA notice may subject the sender to liability under 17 U.S.C. § 512(f).

7. Suspension and termination

7.1 By you

You may terminate your account at any time by following the cancellation process in your account settings. Termination does not entitle you to a refund of fees paid for the then-current billing period.

7.2 By us

We may suspend or terminate your access to the Service immediately, without notice, if we reasonably determine that you have violated these Terms, the Content Policy, applicable law, or that your continued use poses a risk to us, our users, or third parties. We may also suspend or terminate accounts for prolonged inactivity, non-payment, or as required by law or by a Payment Processor.

7.3 Effect of termination

Upon termination, your right to access the Service ends immediately. We may delete your Inputs and Outputs after a reasonable grace period, generally 30 days. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, ORIGINALITY, OR LEGAL STATUS OF ANY OUTPUT. AI-GENERATED CONTENT IS PROBABILISTIC AND MAY CONTAIN INACCURACIES, UNINTENDED RESEMBLANCES TO EXISTING WORKS, OR CONTENT REFLECTING BIASES PRESENT IN TRAINING DATA.

NOTHING IN THIS SECTION LIMITS NON-WAIVABLE STATUTORY RIGHTS, INCLUDING THE STATUTORY GUARANTEES AVAILABLE TO CONSUMERS UNDER EU LAW (DIRECTIVE (EU) 2019/770) OR UNDER OTHER APPLICABLE CONSUMER PROTECTION LAW.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIRAGEFIELD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL 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) USD 100.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Miragefield, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your Inputs or Outputs; (c) your violation of these Terms or any applicable law; or (d) your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.

11. Governing law and dispute resolution

11.1 Governing law

These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict-of-laws principles. Where you are a consumer resident in another EU member state, the mandatory consumer protection laws of your country of residence also apply.

11.2 Jurisdiction

Any dispute arising out of or in connection with these Terms or the Service will be submitted to the exclusive jurisdiction of the courts of Harju County, Estonia, except that consumers may also bring proceedings in the courts of their country of residence as permitted by EU law.

11.3 EU online dispute resolution

The European Commission provides an online dispute resolution platform available at https://ec.europa.eu/consumers/odr. We are not currently obligated to and do not commit to participating in alternative dispute resolution before a consumer arbitration body.

12. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or by prominent notice in the Service at least 30 days before they take effect, where reasonably practical. Your continued use of the Service after the effective date of changes constitutes acceptance. If you do not accept the changes, your sole remedy is to stop using and cancel the Service.

13. General

13.1 Entire agreement

These Terms, together with the Privacy Policy and Content Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

13.3 No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate, without your consent.

13.5 Contact

Questions about these Terms? Contact us at [LEGAL EMAIL].