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.

Before you can use the creation tools, you will be asked to confirm that you have read and agree to these Terms, including the Acceptable Use Policy in Section 6, and to our Privacy Policy. We record the date and version of the Terms you agreed to. If we make a material change to these Terms, we may ask you to agree again before you can continue using the creation tools.

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

DayWaveAi is a general-audience, safe-for-work platform that gives you access to generative artificial intelligence tools for creative work, including but not limited to text-to-image generation, image-to-video generation (including video with generated sound, and premium video models from third-party providers), image upscaling, image description, and AI-assisted prompt writing. Outputs are produced by a combination of our own systems and third-party AI model providers that we integrate with (see Section 13). The Service does not offer, and may not be used to create, adult or sexually explicit content.

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 daywaveai@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 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. Credits are sold in one-time, non-recurring packs; there are no subscriptions and nothing renews automatically. Once granted, purchased credits do not expire and remain on your account balance until used, unless your account is terminated for violating these Terms.

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; the payment itself cannot be reversed once it has been broadcast. Refunds of crypto purchases are made as described below.

14-day right of withdrawal and refunds. You may withdraw from the purchase of a credit pack within 14 days of the purchase, without giving a reason, as long as none of the credits from that pack have been used. To do so, email daywaveai@gmail.com from the address on your account with the date of the purchase (a simple statement that you are withdrawing is enough). We will refund the full amount you paid within 14 days of receiving your request, using the same payment method you used (for crypto payments, the amount originally paid, in the same currency, to a wallet address you provide), and remove the credits from your account.

Credits are delivered to your account immediately on payment. By buying a pack you ask us to start providing the service right away, and you acknowledge that once you use credits from a pack, your right to withdraw from that purchase ends, because the service has then been performed at your request. This does not affect your statutory rights if the Service is faulty or not as described: if a generation fails because of an error on our side, its credits are returned to your account automatically, and you can contact us about any other problem.

We may deny service 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 and the credit cost of each tool are shown on the Service before you buy or generate, and may change over time; changes do not affect a purchase you have already completed. Prices are in U.S. dollars, and any applicable taxes are shown at checkout.

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 DayWaveAi 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.

No sexually explicit or adult content. DayWaveAi 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 content moderation. Every text prompt and every image you submit to any tool on the Service (including reference images, first and last frames, images sent for upscaling or description, and prompts written with our "Generate prompt with AI" feature) is screened by automated content moderation before it is sent to any AI model and before any credits are charged. The screening checks for sexual content, sexual content involving minors, violence, hate, and harassment. A request that is flagged is blocked, no content is generated, and no credits are charged for it. We keep a record of blocked requests, including the account, the time, the prompt, and the category flagged, so that we can detect repeated attempts. 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. Where we are required to do so by law, we may report certain violations, including any suspected CSAM, to the National Center for Missing & Exploited Children (NCMEC) or other relevant authorities.

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 DayWaveAi, 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 DayWaveAi 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 DayWaveAi ("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 are subject to the Acceptable Use Policy in Section 6 and must not contain: sexually explicit, adult, or sexually suggestive content, including nudity; 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. Reporting Illegal Content and Copyright Complaints

Anyone can report content on the Service that they believe is illegal or breaks these Terms, such as a Spotlight listing, by emailing daywaveai@gmail.com with: (a) the URL or other precise location of the content; (b) an explanation of why you believe it is illegal or prohibited; (c) your name and email address (not required for reports of child sexual abuse material); and (d) a statement that you believe in good faith that the report is accurate and complete. We confirm receipt, review reports promptly and objectively, and tell you what we decided. When we remove content or restrict an account, we tell the affected user why, unless the law prevents us, and they can contest the decision by replying to that email, after which a person reviews it again. This email address is also our single point of contact for users and authorities under the Digital Services Act; you can write to us in English.

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 daywaveai@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, third-party AI model hosting and inference providers that generate images, video, and audio from your Input, and automated content moderation providers that screen your Input before it is processed. 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. Generating, attempting to generate, uploading, or sharing prohibited content, including repeated attempts that our content moderation blocks, is grounds for a permanent ban. Any account involved with content that sexualizes or exploits minors is terminated immediately and reported to the authorities.

Upon termination, your right to use the Service ends immediately. If we close your account for a serious or repeated violation of these Terms, unused credits are forfeited to the extent permitted by law. If you close your account yourself, or we close it for any other reason, we refund the unused credits you purchased. 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.

If you are a consumer, nothing in this section limits the legal guarantee of conformity you have for digital content and digital services under EU law, or any other rights you have under mandatory consumer law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYWAVEAI 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.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for damage caused intentionally or through gross negligence, for fraud, or for anything else that cannot be limited or excluded under applicable law, including your mandatory rights as a consumer.

17. Indemnification

You agree to defend, indemnify, and hold harmless DayWaveAi 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 of the European Union member state in which DayWaveAi is established, without regard to conflict-of-law principles. If you are a consumer, this choice of law does not take away the protection of the mandatory consumer protection laws of the country where you live, and you may bring a claim in the courts of your country of residence or in the courts of the member state where DayWaveAi is established.

Before filing a claim, please contact us at daywaveai@gmail.com so we can try to resolve the issue informally; most issues can be solved this way. If we cannot resolve a dispute within 30 days, either party may take it to the competent courts described above. We are not obliged to take part in, and do not currently take part in, dispute resolution proceedings before a consumer arbitration body.

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) before they take effect. For material changes we will ask you to agree to the revised Terms before you continue using the creation tools. If you do not agree, you can 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 DayWaveAi 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.