Terms of Service

1. Acceptance of Terms

By accessing or using the service (the "Service"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and Account Registration

You represent that: (a) you are at least 18 (or the age of majority where you reside) OR you have verifiable parental consent if permitted by applicable law (minimum 13 years old where COPPA or similar applies); (b) you have legal authority to enter these Terms; and (c) you are not barred from using the Service under applicable laws or sanctions lists.

You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for safeguarding credentials and all activity under your account. Notify us promptly of any unauthorized use or security incident.

3. License and Permitted Use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended lawful purpose. All rights not expressly granted are reserved.

4. User Content

If you submit, upload, transmit, or otherwise make available content ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, modify (solely for formatting/technical purposes), and distribute such User Content as necessary to operate and improve the Service. You represent you have all rights needed and that your User Content does not infringe or violate any third-party rights or laws.

We may remove User Content that we reasonably believe violates these Terms or law.

5. Data Collection and Privacy

We process personal data per our Privacy Policy, which describes categories of data, purposes, legal bases (where required), retention, user rights, international transfers, and security measures. By using the Service, you consent to such processing. You must not submit personal data of others without proper authorization and required notices.

6. Security

We implement reasonable technical and organizational measures but cannot guarantee absolute security. You must not probe, scan, or test the vulnerability of the Service without written authorization.

7. Acceptable Use & Prohibited Activities

You shall not (and shall not enable others to):

• Violate laws, regulations, sanctions, or export controls.
• Infringe intellectual property, privacy, or publicity rights.
• Introduce malware, backdoors, scripts that impair operation, or engage in denial-of-service activity.
• Attempt unauthorized access, circumvent security, or scrape where not expressly permitted.
• Use the Service to generate spam, harassment, defamation, discrimination, or illegal surveillance.
• Reverse engineer, decompile, or derive source except where permitted by mandatory law.
• Resell, sublicense, or exploit the Service for time-sharing without written consent.

We may suspend or terminate accounts for violations.

8. Updates; Beta Features

The Service may automatically install patches, updates, or new features. Some features may be labeled beta or experimental and are provided "as is" and may be modified or discontinued without notice.

9. Third-Party / External Services

The Service may integrate or link to third-party websites, APIs, models, data sources, or services ("External Services"). Use of External Services is at your sole risk and subject to their terms and privacy policies. We are not responsible for External Services or data obtained from them.

10. Intellectual Property

All technology, software, compilations, interfaces, trademarks, logos, text, graphics, and other materials (excluding User Content) are owned by us or our licensors and protected by intellectual property laws. No implied licenses arise. Feedback you provide may be used by us without restriction or obligation.

11. Export & Sanctions Compliance

You must comply with all applicable export, re-export, and sanctions regulations (including but not limited to U.S. EAR and OFAC, EU, UK, and UN measures). You represent you are not located in, ordinarily resident in, or organized under the laws of a jurisdiction embargoed or restricted and are not a denied or blocked party.

12. Service Availability; Modifications

We may modify, suspend, or discontinue any part of the Service at any time. We aim for reasonable uptime but provide no guarantee of availability, performance, or response time.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU (IF ANY) FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) USD $100. THESE LIMITATIONS APPLY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow certain exclusions; in such cases the exclusions apply to the fullest extent permitted.

15. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; or (c) your violation of these Terms or applicable law.

16. Changes to Terms

We may revise these Terms by posting an updated version with a new "Last updated" date. Material changes may, where required, be notified via email or in-Service notice. Continued use after the effective date constitutes acceptance. If you object, you must stop using the Service.

17. Suspension & Termination

We may suspend or terminate access immediately for violation of these Terms, legal compliance reasons, security risk, or discontinuation of the Service. Upon termination, your license ceases and we may (but are not obligated to) delete User Content in our possession, subject to legal retention requirements. Sections intended to survive (including payment obligations, IP, disclaimers, limitations, indemnity, dispute resolution) shall survive.

18. Governing Law & Dispute Resolution

Unless prohibited by law, these Terms are governed by the laws of the jurisdiction of our principal place of business (excluding conflict-of-law rules). Any dispute not resolved informally within 30 days shall be submitted to binding arbitration (if applicable in your jurisdiction) on an individual basis; class or representative actions are waived. If arbitration is unenforceable, exclusive jurisdiction and venue lie in the courts of that same jurisdiction.

19. Miscellaneous

• Severability: If any provision is unenforceable, the remainder remains in effect.
• No Waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign without our prior written consent; we may assign freely.
• Force Majeure: We are not liable for delays or failures due to events beyond reasonable control.
• Entire Agreement: These Terms and referenced policies constitute the entire agreement regarding the Service.
• Headings: Headings are for convenience only.
• Language: The English version controls.

20. Contact

Questions may be sent to support@asyouwishsoftware.com.