Terms of Service

Welcome to FlyPic. These Terms of Service (“Terms”) form a binding legal agreement between you and FlyPic (“FlyPic”, “we”, “us”, or “our”) governing your access to and use of flypic.ai, our web and mobile applications, APIs, and any related services (collectively, the “Service”).

1. Eligibility & Account

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use FlyPic. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. You are responsible for all activity that occurs under your account and for keeping your credentials secure. Notify us at security@flypic.ai immediately if you suspect unauthorized access.

2. The Service

FlyPic provides tools that allow you to generate, edit, and transform images, videos, and related media using artificial intelligence models supplied by FlyPic and third-party model providers (“Outputs”). Because these models are probabilistic, Outputs are generated on a best-effort basis. We do not guarantee that any particular Output will be unique, accurate, suitable for a specific purpose, or free from similarity to existing works.

3. User Content & Outputs

3.1 Your Inputs

“Inputs” means anything you upload or submit to the Service, including prompts, reference images, audio, video, characters, and workflows. You retain all rights you have in your Inputs. By submitting Inputs, you grant FlyPic a worldwide, non-exclusive, royalty-free license to host, reproduce, process, adapt, and transmit the Inputs solely as needed to operate, improve, and secure the Service and to deliver Outputs back to you.

3.2 Your Outputs

Subject to your compliance with these Terms, FlyPic assigns to you all right, title, and interest that FlyPic may have in the Outputs you generate through your account. You may use Outputs for personal and commercial purposes. Because AI-generated content may not be eligible for copyright protection in every jurisdiction and may resemble content created by others, we make no representation that Outputs are original or free from third-party claims.

3.3 License to FlyPic

You grant FlyPic a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, adapt, and create derivative works from your Inputs and Outputs for the following purposes: (a) operating, maintaining, and improving the Service; (b) monitoring abuse and training safety classifiers; (c) marketing, promoting, and advertising the Service, including featuring user-generated content in promotional materials, social media, advertisements, case studies, and showcase galleries; and (d) creating compilations or derivative works that incorporate multiple users' Outputs for display within the Service or in promotional contexts.

We will not use the content of your private (non-published) Inputs or Outputs to train public generative AI models without your opt-in consent. Content you publish to the FlyPic Community (e.g., the public feed, shared links, or community galleries) is additionally licensed for display, distribution, and promotion both within and outside the Service.

This license survives termination of your account with respect to content that was published to the Community or included in promotional materials prior to termination.

3.4 Your Responsibility

You represent and warrant that (a) you own or have all necessary rights to your Inputs, including rights of publicity for any likenesses of real people; (b) your Inputs and use of Outputs will not violate any law or third-party right; and (c) you will comply with our Acceptable Use Policy.

4. Provider Keys, Subscriptions & Payment

4.1 Your Own Provider Keys

Generation runs on API keys that you supply for third-party AI providers (“Provider Keys”). You obtain Provider Keys directly from those providers, and your use of them is governed by your own agreement with each provider. The providers bill you directly for the usage your generations incur; those charges are separate from, and are not collected, set, or refunded by, FlyPic. FlyPic does not sell or maintain credit balances and does not meter generation volume.

You are responsible for keeping your Provider Keys valid and adequately funded, for any limits or restrictions your providers impose, and for all charges incurred through your Provider Keys when used with the Service.

4.2 Plans

Using the Service requires an active paid subscription; there is no free plan. We currently offer two plans: Starter ($19.99 per month) and Pro ($49.99 per month), plus any applicable taxes. If your subscription ends, your account and content are kept, but you cannot generate until you subscribe again.

Plans unlock features of the Service (for example, workflows, batch generation, scheduling, API access, and the number of generations you can run at once). Plans do not include third-party provider usage. The features included in each plan are described at the time of purchase.

Paid plans auto-renew on a monthly or annual cycle until cancelled. You authorize us and our payment processor to charge your payment method on each renewal date. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period.

4.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, other than taxes on FlyPic's net income.

4.4 Refunds

Except where required by law (for example, the 14-day right of withdrawal in the EU/UK for consumers who have not yet used the digital content):

• Subscriptions are non-refundable once a billing period has started. You may cancel to prevent future charges.
• Third-party provider charges incurred through your Provider Keys are billed by the provider, not by FlyPic. FlyPic cannot refund them; any refund or dispute is a matter between you and that provider. This applies to failed generations and to generations that complete but do not match your expectations.

To request a refund permitted by law, email billing@flypic.ai within 14 days of the charge with your account email and order ID.

4.5 Chargebacks

Filing a chargeback without first contacting us may result in account suspension. We will work with you to resolve billing disputes if you reach out.

5. Prohibited Uses

The activities listed below are strictly prohibited. This list supplements, and does not replace, our Acceptable Use Policy. You may not:

• Generate child sexual abuse material (CSAM) or any content that sexualizes minors in any form.
• Generate non-consensual sexual content, “deepfake” sexual imagery of real persons, or intimate imagery without verifiable consent.
• Generate content intended to defame, harass, threaten, dox, or incite violence against a person or group.
• Impersonate real individuals, public figures, or officials in a way that is misleading, defamatory, or intended to deceive voters or consumers.
• Generate content that promotes terrorism, violent extremism, or the creation of weapons (including CBRN or malware).
• Generate fraudulent documents, counterfeit currency, forged identification, or anything designed to facilitate scams, phishing, or identity theft.
• Violate intellectual property, trademark, or publicity rights of any third party.
• Reverse-engineer the Service, scrape at scale, circumvent rate limits, or use the Service to train a competing generative model.
• Interfere with the integrity or security of the Service or attempt to access accounts or data you are not authorized to access.
• Use the Service in a way that violates any applicable law or regulation, including export controls and sanctions.

Violations may result in immediate suspension or termination of your account and referral to law enforcement where appropriate.

6. Third-Party Models & Services

The Service integrates with third-party AI providers (for example, Google, fal.ai, Replicate, OpenAI, and similar). Outputs routed through those providers are also subject to their usage policies. We do not control, and are not responsible for, the availability or behavior of third-party services, but we will make reasonable efforts to ensure your Inputs are transmitted securely.

Third-party models you install yourself

FlyPic Desktop lets you install optional community models made by other companies (for example, MiniMax H3) onto your own computer. These models are downloaded directly from their publisher to your device and run only on hardware you control; FlyPic does not host, run, mirror or sublicense them. The models we currently offer this way, and their licences, are listed on our Third-party models page. For any such model:

• You are the licensee. You obtain the model and its licence directly from its publisher. FlyPic is not a party to that licence and grants you no rights in the model.
• You are responsible for compliance with the model’s licence and with the laws that apply to you, including any territory, revenue, attribution or acceptable-use restrictions, and any approval the publisher requires in your country.
• No training on restricted outputs. You will not use a model’s outputs to train, distil or improve other AI models where that model’s licence forbids it.
• Indemnity. You will defend, indemnify and hold harmless FlyPic and its affiliates, officers and employees from any claim, loss or expense (including reasonable legal fees) arising from your installation or use of a third-party model, its outputs, or your breach of its licence.
• Third-party models are provided by their publishers “as is”; Sections 10 and 11 apply to them in full. We may stop offering an install option at any time.

7. Intellectual Property

The Service, including all software, designs, logos, and documentation, is the property of FlyPic or its licensors and is protected by intellectual-property laws. Nothing in these Terms transfers any right in the Service to you other than the limited license granted here. “FlyPic” and the FlyPic logo are trademarks of FlyPic; you may not use them without our prior written consent.

8. DMCA & Copyright

We respond to notices of claimed copyright infringement in accordance with the U.S. Digital Millennium Copyright Act and comparable laws in other jurisdictions. See our DMCA Policy for instructions on submitting takedown notices and counter-notifications.

9. Suspension & Termination

We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, created risk for FlyPic or other users, or engaged in fraud. You may terminate your account at any time from your account settings. Upon termination, your license to use the Service ends, and we may delete your content subject to our retention obligations.

10. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYPIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUTS WILL BE ORIGINAL, ACCURATE, OR SUITABLE FOR YOUR INTENDED USE. AI MODELS MAY PRODUCE UNEXPECTED, INACCURATE, OFFENSIVE, OR SIMILAR RESULTS; YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYPIC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100. IN NO EVENT WILL FLYPIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless FlyPic and its officers, employees, and affiliates from any claim, demand, or loss (including reasonable attorneys' fees) arising out of your Inputs, your use of Outputs, your breach of these Terms, or your violation of any law or third-party right.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except where mandatory consumer-protection laws require otherwise.

Informal resolution. Before filing a claim, you agree to contact us at legal@flypic.ai and attempt to resolve the dispute in good faith for at least 30 days.

14. Affiliate Program

Any FlyPic account holder may join the affiliate program from their account; there is no application or approval step. You receive a referral link immediately.

Commission = a percentage of net profit per referred payment. Unless your dashboard shows a different rate for your account, you earn 20%of the net profit of a referred customer's first payment and 10% of the net profit of each renewal for 12 months after that first payment. Every affiliate, referral, tier, or partner percentage applies to net profit, not to the amount the customer paid.

Net profitof a payment = the amount paid − payment-processor fees (the fee our payment provider reports for that payment, or 2.7% + $0.30where none is reported) − refunds and chargebacks − the AI provider cost FlyPic recorded for that customer's generations on FlyPic's platform key during the billing period. Net profit is never less than $0. Your dashboard itemises each payment (gross, fees, refunds, AI cost, net profit, your rate, your commission).

Commission is booked automatically when a payment succeeds, once per payment, and is held for 7 days before it can be withdrawn. If a payment is refunded or charged back, the commission on it is reduced or reversed; if it was already paid out, the difference is deducted from your next payout. We may suspend an affiliate account for fraud, self-referral, spam, or breach of these Terms; a suspended account stops tracking new referrals and earning commission.

15. Changes to these Terms

We may update these Terms from time to time. If the changes are material, we will provide at least 14 days' notice by email or in-product notice before they take effect. Continuing to use the Service after the effective date constitutes acceptance of the updated Terms.

16. Contact

FlyPic — legal@flypic.ai