Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

The Service is intended for a general audience. Because creating an account and purchasing credits requires the legal capacity to enter into a binding contract, you must have reached the age of majority in your jurisdiction to create an account or use the Service. By using the Service, you represent and warrant that you meet this requirement. We may suspend or terminate any account we reasonably believe belongs to someone who does not meet it.

3. Description of the Service

NightWaveAi is a platform that gives you access to generative artificial intelligence tools, including but not limited to text-to-image generation, image-to-video generation, video extension, video upscaling, audio and sound generation, and image description tools. Outputs are produced by a combination of our own systems and third-party AI model providers that we integrate with (see Section 13).

We continually add, remove, and modify the specific AI models available on the Service (for example, swapping, renaming, or retiring a model such as a particular version of an image-to-video model) in order to improve quality, cost, and speed. We do not guarantee that any specific model, feature, resolution, duration, or output style will remain available, and using a spent credit does not entitle you to a specific model version being retained. The Service is provided on an "as is" and "as available" basis and may be updated, changed, suspended, or discontinued, in whole or in part, at any time and without liability to you.

4. Accounts

To use most features of the Service, you must create an account through our authentication provider. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not you authorized it. You agree to notify us immediately at nightwaveai@gmail.com of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials. One person or entity may not maintain more than one free account for the purpose of obtaining additional free credits, referral rewards, or promotional offers; we may merge, limit, or terminate duplicate accounts.

5. Credits, Subscriptions, and Payments

The Service operates on a credit-based system. Generating content consumes credits at a rate we set for each tool and model, and these rates may change over time as model and infrastructure costs change. Credits have no monetary value, cannot be exchanged for cash, and cannot be transferred to another account or another person.

One-time credit packs. You may purchase one-time, non-recurring packs of credits. Once granted, purchased credits do not expire and remain on your account balance until used, unless your account is terminated for violating these Terms.

Subscription plans. We may also offer recurring subscription plans that grant a monthly (or annual) allotment of credits in exchange for a recurring fee, billed automatically at the start of each billing period until you cancel. You can cancel a subscription at any time through your account billing settings or by contacting us; cancellation takes effect at the end of the current billing period, and you will retain access to the plan and any credits already granted for the remainder of that period. Downgrading or cancelling a subscription does not remove credits you have already been granted.

Crypto payments. Where offered, you may pay using cryptocurrency through a third-party payment processor. Cryptocurrency transactions are recorded on public blockchains and are irreversible once confirmed; we cannot reverse, cancel, or refund a crypto payment once it has been broadcast, except where we determine, in our sole discretion, that credits were not delivered due to a technical error on our part.

Refunds. All purchases, whether paid by card or cryptocurrency, are final and non-refundable except where required by applicable law or expressly stated otherwise on the Service. If you believe you were charged in error, contact us at nightwaveai@gmail.com within 14 days of the charge and we will review the request in good faith, but we are under no obligation to issue a refund. We may, at our discretion, deny service or refuse to issue further credits to any account associated with fraud, chargebacks, or abuse of our payment systems, and reserve the right to recover the value of any credits obtained through a fraudulent or reversed payment.

Prices for credit packs, subscription plans, and individual generation tools are shown on the Service and may change at any time; changes will not retroactively affect a purchase you have already completed.

6. Acceptable Use Policy

You retain ownership of the prompts, images, and other material you upload to the Service ("Input"). By submitting Input, you grant NightWaveAi a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, and process that Input, including sending it to third-party AI model providers and content moderation providers, solely for the purpose of operating, providing, securing, and improving the Service.

Zero tolerance for child sexual exploitation. NightWaveAi strictly prohibits any content that sexualizes, exploits, abuses, or endangers children. You may not use the Service to generate, request, upload, edit, upscale, animate, store, or distribute child sexual abuse material ("CSAM") or any sexual, suggestive, nude, or exploitative depiction of a minor (anyone under 18), whether the subject is real, fictional, drawn, animated, or entirely AI-generated, and including content in which a person appears to be a minor or is described as one (for example, by age, school setting, body description, or terms such as "child", "kid", "teen", or "loli"). You may not upload real images of children for the purpose of sexualizing or altering them, and you may not attempt to obtain such content through coded language, role-play, or other workarounds. Any attempt counts as a violation, even if no content is produced. Violations result in immediate and permanent termination of all associated accounts without refund. We preserve relevant account information, prompts, and content, report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and/or other competent authorities, and cooperate fully with law enforcement investigations.

No sexually explicit or adult content. NightWaveAi does not permit NSFW ("not safe for work") content of any kind. You may not use the Service to generate, request, upload, or distribute sexually explicit, pornographic, or otherwise adult content, including nudity, depictions of sexual acts, or sexualized imagery, video, or audio. This prohibition applies to all AI-generated content, whether the subject is a real person, a fictional character, or entirely synthetic.

You are solely responsible for the Input you submit and the outputs you generate, request, publish, or share (together, "Content"). You agree not to use the Service to create, upload, request, or distribute Content that:

• Depicts, sexualizes, or exploits a minor in any way, including content that appears to depict a minor even if the subject is fictional or AI-generated (child sexual abuse material, or "CSAM", is never permitted).
• Is sexually explicit, pornographic, or otherwise NSFW, including nudity, sexual acts, or sexualized depictions of any person or character, whether real, fictional, or AI-generated.
• Depicts a real, identifiable person in sexual, violent, or otherwise degrading content without that person's explicit consent, or is intended to harass, defame, bully, stalk, or impersonate someone.
• Constitutes non-consensual intimate imagery or sexually explicit "deepfake" content of a real person.
• Infringes, misappropriates, or violates any patent, copyright, trademark, trade secret, publicity, privacy, or other intellectual property or proprietary right of any third party.
• Is illegal, promotes or facilitates a crime, or provides instructions for causing serious harm to people, animals, or property (including weapons, explosives, and hacking tools).
• Promotes hatred, violence, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, disability, gender, gender identity, sexual orientation, age, or veteran status.
• Is fraudulent, deceptive, or misleading, including content designed to impersonate a real person, brand, or public figure in a way that could deceive viewers, or synthetic media used to spread misinformation about elections, public health, or public safety.
• Contains malware, phishing content, or is used to circumvent, disable, or otherwise interfere with the security of the Service or any other system.

You also agree not to: use automated means (bots, scrapers, or scripts) to access the Service outside of any API we officially provide; attempt to reverse engineer, decompile, or extract the underlying AI models, weights, or source code of the Service; probe, scan, or test the vulnerability of the Service without authorization; resell, rent, or sublicense access to the Service or its credits without our written consent; or attempt to circumvent credit limits, rate limits, content filters, or other technical restrictions we put in place.

Automated prompt moderation. Every text prompt submitted to a generation tool, including prompts written with our "Generate prompt with AI" feature, is screened by an automated content moderation service before it is sent to any AI model. Prompts that are flagged or denied are blocked, no content is generated, and any credits charged for that request are refunded. Attempting to evade moderation (for example, by using coded language, misspellings, or other workarounds to obtain prohibited content) is a violation of these Terms.

We use a combination of automated filters and human review to enforce this policy, but no filter is perfect. We may remove Content, refuse to process a request, and suspend or permanently terminate an account, without refund, if we reasonably believe it violates this Acceptable Use Policy or exposes us or others to legal risk. We report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) or other relevant authorities, and may report other illegal Content to law enforcement.

7. AI-Generated Content and Disclaimers

Outputs are produced by generative AI models and are inherently probabilistic: they may be inaccurate, unexpected, low quality, or may not match your prompt or Input. AI models can also produce content that resembles existing copyrighted works, trademarks, or real individuals without intending to, and we make no representation that any output is free of third-party rights or is safe to use for any particular commercial or public purpose.

You are responsible for reviewing and verifying any output before relying on it or distributing it, and for ensuring your use of the output complies with applicable law and does not infringe or violate the rights of any third party. The Service is a creative and productivity tool, not a source of factual, medical, legal, or financial information, and outputs should not be treated as such.

8. Ownership and License to Output

As between you and NightWaveAi, and subject to your compliance with these Terms and payment of all applicable fees, we assign to you our rights, if any, in the output you generate using your own Input. This is subject to three important limitations: (a) because outputs are generated by AI, similar or identical output may be generated for other users from similar prompts, and we make no representation of exclusivity; (b) our rights to assign ownership of output are limited by, and subject to, the terms imposed on us by the underlying third-party AI model providers, some of which may retain certain rights in outputs generated using their models; and (c) you may not claim ownership over Content that depicts a real person without that person's consent, or over Content that otherwise violates Section 6.

We may retain and use anonymized or aggregated data derived from the use of the Service (for example, to monitor performance, prevent abuse, and improve our infrastructure) even after you delete an account or piece of Content.

9. Our Intellectual Property

The Service itself, including our software, user interface, branding, logos, and documentation (but excluding your Input and the output generated from it), is owned by NightWaveAi or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited right to use the Service as permitted by these Terms, no rights are granted to you in our intellectual property, and you may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software.

10. Promotions (Sponsored Listings)

The Service allows users to spend credits to display images, videos, or advertisements on NightWaveAi ("Promotions"). By submitting a Promotion, you confirm that you own or are licensed to use all submitted material and that it does not infringe anyone else's rights.

Promotions must not contain: illegal content of any kind, including child sexual abuse material; content sexualizing minors; non-consensual intimate imagery; impersonation of any person, brand, or organization; malware, phishing, or deceptive links; or fraudulent, misleading, or scam offers. Advertisements must link to a working, lawful destination that matches what the advertisement depicts.

Every submission is reviewed before it appears publicly, and we may reject or decline any submission at our discretion, including for reasons of taste or brand fit that go beyond this Acceptable Use Policy. Credits for a rejected submission are refunded in full. A Promotion that is removed after going live for breaching these Terms is not refunded. Advertisements are labeled as sponsored, and outbound links carry the nofollow and sponsored attributes.

A Promotion runs for the number of days purchased, counted from the moment it is approved. We do not guarantee any level of traffic, impressions, clicks, or results, and we are not responsible for the content or conduct of any third-party website linked from a Promotion.

11. Referral Program

We may offer a referral program that grants you credits when someone you refer creates a verified account and, if applicable, meets other qualifying criteria described on the Referral page. Referral rewards are promotional, granted at our discretion, and may be modified, capped, or discontinued at any time without notice. You may not create fake, duplicate, or automated accounts, or otherwise attempt to manipulate the referral program; we may withhold or claw back credits and suspend accounts involved in referral fraud or abuse.

12. Copyright Complaints

We respect the intellectual property rights of others. If you believe that Content available on the Service infringes your copyright, please send a written notice to nightwaveai@gmail.com that includes: (a) a description of the copyrighted work you claim has been infringed; (b) the location (URL) of the allegedly infringing material on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf. We may remove or disable access to Content in response to a valid notice and, in appropriate circumstances, terminate the accounts of repeat infringers.

13. Third-Party Services

The Service relies on third-party providers to function, including identity and authentication providers, payment processors (for both card and cryptocurrency payments), cloud database and storage providers, and third-party AI model hosting and inference providers that generate images, video, and audio from your Input. These providers operate under their own terms and privacy policies, and we are not responsible for their acts, omissions, downtime, or content moderation decisions. Your use of the Service may be subject to additional restrictions imposed by these providers (for example, an underlying AI model provider's own acceptable use policy), and we may need to enforce those restrictions on their behalf, including by declining to process certain requests.

14. Suspension and Termination

You may stop using the Service and delete your account at any time by contacting us. We may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we reasonably believe you have violated these Terms, created legal exposure for us or others, engaged in fraud or abuse, or if we are required to do so by law.

Upon termination, your right to use the Service ends immediately. Unused, non-expired credits on an account terminated for cause (a violation of these Terms) are forfeited without refund. Sections of these Terms that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, OUTPUT, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, RELIABLE, LAWFUL TO USE IN YOUR JURISDICTION, OR FREE OF THIRD-PARTY RIGHTS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTWAVEAI AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless NightWaveAi and its operators from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your Input or the Content you generate, request, or share; (c) your violation of these Terms; or (d) your violation of any right of a third party, including intellectual property, publicity, or privacy rights.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws applicable in the jurisdiction in which NightWaveAi operates, without regard to conflict-of-law principles. Where local consumer protection law grants you rights that cannot be waived by contract, those rights are unaffected by this section.

Before filing a claim, you agree to first contact us at nightwaveai@gmail.com and attempt in good faith to resolve the dispute informally. If a dispute cannot be resolved informally within 30 days, either party may pursue the dispute through the courts or other dispute-resolution forum applicable to that jurisdiction. We will provide the specific jurisdiction that applies to a given dispute upon request.

19. Changes to the Service and These Terms

We may modify or discontinue any part of the Service, and we may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice (such as an in-app banner or email). Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

20. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy and any policies referenced in them, constitute the entire agreement between you and NightWaveAi regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including outages of third-party providers, natural disasters, or acts of government.
• No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.