Terms of Service

Welcome to Aduarius by ClefDev (the "Service"), operated by SIA ClefDev, a company registered in Latvia ("ClefDev", "we", "us", "our").

By accessing or using the Service, you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1. The Service

Aduarius provides AI-powered image generation tools for marketing and creative purposes. The Service uses third-party AI models (currently Black Forest Labs Flux Schnell via Replicate, and Google Nano Banana 2 via Replicate) to generate images from text prompts and user-provided inputs.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

To use the Service, you must create an account using a valid email address. You are responsible for safeguarding access to your account and for all activities that occur under it. Notify us immediately of any unauthorized use at design@clefdev.com.

4. Acceptable Use

You agree NOT to use the Service to:

• Generate content that is illegal, defamatory, obscene, sexually explicit, or that depicts minors in any inappropriate context
• Generate content that promotes violence, terrorism, self-harm, or discrimination based on race, gender, religion, sexual orientation, or other protected characteristics
• Infringe on intellectual property rights of others, including by generating images that closely mimic copyrighted works, trademarked logos, or likenesses of real individuals without consent
• Generate content for political campaigns, propaganda, election interference, or to mislead the public on civic issues
• Generate misleading, deceptive, or fraudulent content, including deepfakes of real persons without consent
• Attempt to reverse-engineer, scrape, or extract the underlying AI models or training data
• Use automated systems (bots, scrapers) to access the Service without explicit written permission
• Resell, sublicense, or redistribute access to the Service
• Use the Service for regulated activities (medical advice, legal advice, financial advice) without independent professional verification
• Bypass any rate limits, security measures, or content moderation

We reserve the right to suspend or terminate your account, with or without notice, if you: (a) violate these Terms or the Acceptable Use rules above; (b) attempt to abuse the Service or its rate limits; (c) engage in fraudulent activity, including unjustified chargebacks; or (d) use the Service in a manner harmful to other users or third parties. Suspended accounts lose access to remaining credits and to their generated content history, and may not appeal credit balance restoration except via the refund procedure in Section 8.

4.1 User Responsibility for Prompts

By submitting prompts to the Service, you confirm that the prompt complies with the Acceptable Use rules above; that you have the right to use any names, descriptions, brand references, or third-party material included in the prompt; that you accept full responsibility for the prompt's content and any consequences arising from its use; and that you understand prompts may be retained for up to twelve (12) months for service improvement, abuse prevention, and legal compliance.

5. AI-Generated Content - Important Notice

The Service generates content using AI models. By using the Service, you acknowledge and agree that:

• No guarantee of quality: AI-generated outputs may be inaccurate, low-quality, biased, unexpected, or unsuitable for your purposes.
• No guarantee of originality: AI outputs may resemble existing copyrighted works. We do not guarantee that generated content is free from third-party copyright, trademark, or other rights.
• No guarantee of suitability: You are solely responsible for reviewing, modifying, and verifying generated content before any use, especially commercial use.
• No professional advice: AI outputs do not constitute professional advice of any kind.

You are solely responsible for ensuring that your use of generated content complies with applicable laws, third-party rights, and platform policies (where you publish or distribute outputs).

5.1 Probabilistic outputs and unexpected results

You acknowledge and accept that:

• AI image generation is a probabilistic process; the same prompt may produce different results on different attempts, and the Service offers no guarantee that any specific result will be reproduced.
• The Service uses third-party AI providers (Replicate, Anthropic, Google, Black Forest Labs, and others) whose behavior, model versions, and safety filters we do not directly control.
• We are not liable for emotional, financial, or reputational harm arising from unexpected, undesirable, or unusual outputs.
• If you receive content you find objectionable, you may delete it from your history at any time and contact us at design@clefdev.com for support.

6. Intellectual Property

6.1 Your Content

You retain ownership of prompts, reference images, and other inputs you provide to the Service ("User Content"). By providing User Content, you grant ClefDev a non-exclusive, worldwide, royalty-free license to use, store, process, and transmit User Content solely for the purpose of providing the Service to you.

6.2 Generated Outputs

Subject to applicable law and these Terms, you may use AI-generated outputs ("Outputs") for personal and commercial purposes. ClefDev claims no ownership over Outputs.

However, we note that under current law in many jurisdictions, purely AI-generated outputs may not be eligible for copyright protection. Adding substantial human creative modification may strengthen your legal position. We make no warranty regarding the copyrightability of Outputs.

6.3 ClefDev Property

The Service itself, including code, design, branding, and underlying systems, remains the property of SIA ClefDev. You may not copy, modify, or reverse-engineer the Service.

7. Third-Party Services

The Service uses third-party providers including but not limited to:

• Supabase (database, authentication)
• Netlify (hosting)
• Replicate (AI model inference, including models by Black Forest Labs and Google)
• Anthropic (Claude text models used for prompt rewriting and style adaptation)
• Voyage AI (text embedding for style retrieval)
• Resend (transactional emails)
• Stripe (payment processing)

Your use of the Service is also subject to the terms and policies of these providers. We are not responsible for third-party services and disclaim liability for their unavailability or failures.

8. Payment and Credits

Currently, the Service is in early access with credit-based usage. When paid plans launch:

• Credits are non-refundable once consumed
• Subscription cancellation takes effect at the end of the current billing period
• Refund requests within 14 days of initial purchase (per EU consumer law) will be honored for unused credits
• Prices are subject to change with 30 days notice to existing subscribers

9. Service Availability

We strive to keep the Service available, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time. We are not liable for any consequences of downtime, errors, or service changes.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

WE DO NOT WARRANT THAT:

• The Service will meet your requirements
• The Service will be uninterrupted, secure, or error-free
• Generated outputs will be accurate, suitable, original, or non-infringing
• Defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEFDEV, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY
• DAMAGES ARISING FROM OR RELATED TO AI-GENERATED OUTPUTS, INCLUDING BUT NOT LIMITED TO CLAIMS OF COPYRIGHT INFRINGEMENT, DEFAMATION, OR INACCURACY
• ANY MATTER BEYOND OUR REASONABLE CONTROL

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 3 MONTHS PRECEDING THE CLAIM, OR (B) EUR 100.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. User Content & Generated Outputs

You represent and warrant that any reference images, prompts, brand names, or other content you upload, input, or describe have all necessary rights, licenses, and permissions for use with the Service. You are solely responsible for ensuring that generated outputs do not infringe third-party intellectual property, trademarks, publicity rights, rights of personality, or any other proprietary rights of third parties.

ClefDev provides the generation tool and does not pre-screen, verify, or claim ownership of user-supplied content or generated outputs. ClefDev makes no representation that any generated output is free from third-party rights claims.

13. Real Persons and Likeness

Generation, modification, or use of images depicting real, identifiable persons (including but not limited to public figures, athletes, performers, politicians, or any private individual) is performed at your sole risk. You represent that you have obtained any necessary releases, permissions, or licenses required under applicable law before generating, downloading, sharing, or publishing such content.

ClefDev provides image generation tools only and assumes no responsibility for the identification, authorisation, or downstream use of any real-person likeness in generated content.

14. Indemnification

You agree to defend, indemnify, and hold harmless SIA ClefDev, its officers, directors, employees, agents, and partners from and against any claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

• User-supplied content, prompts, or reference images
• Any generated output produced through your use of the Service
• Your use, distribution, publication, or sale of generated outputs
• Your violation of these Terms or applicable law

15. Takedown Procedure

Rights holders who believe content generated, stored, or distributed through the Service infringes their intellectual property, trademark, publicity, or other rights may submit a takedown request to design@clefdev.com. The request should include:

• Identification of the work claimed to be infringed
• Identification of the allegedly infringing content (URL, generation ID, or screenshot)
• The requester's contact information and a statement of good faith belief that the use is unauthorised

ClefDev will review legitimate requests and act within seven (7) business days, including removing the content from user history and internal storage where appropriate. Repeat infringement by a user may result in account suspension.

16. Termination

You may terminate your account at any time by contacting design@clefdev.com. We may terminate or suspend your account if you violate these Terms or for any other reason, with or without notice.

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your User Content and Outputs after a retention period of up to twelve (12) months, consistent with the prompt retention statement in Section 4.1
• Sections that by their nature should survive termination (IP, disclaimers, liability limitations) will survive

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-product notice at least 14 days before taking effect. Continued use after changes constitutes acceptance.

18. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Latvia, without regard to conflict of law principles.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the competent courts of Riga, Latvia.

For EU consumers: nothing in these Terms affects your mandatory consumer rights under EU law, including the right to bring proceedings in your country of residence.

19. Contact

SIA ClefDev
Brīvības iela 103 - 12A
Rīga, Latvia

Email: design@clefdev.com