Terms & Conditions

1. Acceptance of Terms

Welcome to Enhance AI, an AI powered platform offering image generation, video creation, audio tools, model training, and API access (collectively, the "Service"). These Terms and Conditions ("Terms") govern your use of the Service and form a binding legal agreement between you and Enhance AI (referred to as "Enhance AI," "we," "us," or "our").

By creating an account or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organization or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" as used in these Terms includes both you as an individual and that entity.

2. Eligibility and Account Registration

You must be at least 13 years old (or the minimum digital age of consent in your country, if higher) to use Enhance AI. If you are under 18 (or under the age of majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

To access most features, you must create an Enhance AI account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Each user may register and use only one account, and you may not share your account with others. You must not misrepresent your identity or affiliation with any person or entity.

3. Plans, Credits, and Fees

Enhance AI offers both free access (with limited features or usage quotas) and paid plans that provide enhanced features, higher usage limits, or access to premium tools. Some aspects of the Service may use a credit system for consumption of resources.

All paid plans are one time, prepaid purchases for a fixed term: thirty (30) days for monthly plans and three hundred sixty five (365) days for yearly plans. You must provide a valid payment method at the time of purchase, and the full fee for the selected term is charged once, in advance.

There is no automatic renewal and no recurring billing of any kind. We do not charge automatic payments. Your access to paid features ends at the end of the paid term unless you manually renew by purchasing a new plan before or after your current term expires.

We may adjust the pricing and/or features of paid plans and will provide advance notice of any material changes. Any pricing change applies only to purchases made after the change takes effect and does not affect a term you have already paid for.

Plan fees (and purchased credit packs) are generally non refundable except as required by law or explicitly stated otherwise.

4. Service Availability and Changes

Enhance AI is continually evolving. We are constantly improving and updating the Service's features and capabilities. You acknowledge that the Service may change over time as we refine our products.

We reserve the right to add, modify, or remove features or functionality of the Service at any time, with or without notice, provided that if you are a paid subscriber and a change materially reduces core functionality of your plan, we will endeavor to provide you notice or an adjustment.

We strive to maintain the Service's availability but do not guarantee uninterrupted, error free operation or any specific uptime. The Service may occasionally be unavailable for maintenance, updates, or network issues.

5. Acceptable Use and Conduct

By using Enhance AI, you agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You agree not to:

• Use the Service for any unlawful, fraudulent, or malicious activities
• Upload or generate content that infringes intellectual property rights
• Create, generate, upload, or distribute any content that is obscene, pornographic, sexually explicit, adult oriented, excessively violent, or hateful, including any NSFW (Not Safe For Work) material of any kind
• Input personal data about others without their consent
• Use the Service to create deceptive or misleading content
• Generate content for political campaigning or election influence
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer or attempt to extract source code or underlying models

Violation of this Acceptable Use Policy may result in suspension or termination of your account, removal of content, and/or other legal action where appropriate.

5A. Strict NSFW & Adult Content Policy

5A.1: Prohibited Content Defined

For the purposes of this Policy, "NSFW Content" and prohibited material includes, but is not limited to:

• Sexually Explicit Material: Any content depicting, suggesting, or implying nudity, sexual acts, sexual arousal, or genitalia, whether real, illustrated, AI generated, or artistic.
• Pornographic Content: Content that is pornographic in nature, including soft core or hard core material, erotica, or content created for sexual gratification.
• Child Sexual Abuse Material (CSAM): Any content that sexually exploits, depicts, or involves minors in any way. This is a criminal offence and will be immediately reported to law enforcement authorities without exception.
• Non Consensual Intimate Content: Generation of intimate, sexual, or nude images of real individuals without documented proof of their explicit consent.
• Fetish or Kink Content: Any content depicting fetishes, paraphilias, or kink oriented scenarios, regardless of whether explicit nudity is present.
• Suggestive or Borderline Content: Content designed or intended to be sexually suggestive, provocative, or to circumvent NSFW filters by disguising explicit intent.
• Hate, Violence & Harmful Content: Content depicting graphic violence, gore, self harm, torture, terrorist propaganda, or content designed to demean, dehumanise, or incite hatred against individuals or groups.

5A.2: Detection and Enforcement

Enhance AI employs automated content moderation systems, AI based classifiers, and human review processes to detect prohibited content. Our systems operate continuously and flag suspicious prompts, inputs, and outputs. Attempts to bypass, jailbreak, or circumvent these filters are themselves a violation of this policy and will trigger immediate enforcement action.

We reserve the right to review any content generated through the Service and to take enforcement action at our sole discretion. No prior warning is required before enforcement is applied.

5A.3: Consequences of Violation

Users found in violation of this NSFW Policy are subject to the following enforcement actions, applied immediately and without prior notice:

• Immediate Permanent Account Termination: Your account will be banned permanently. You will lose all access to the platform, your history, generated content, and any credits or subscription.
• No Refund: All paid subscriptions, credit packs, or top ups are immediately forfeited and non refundable upon any confirmed NSFW violation. No exceptions will be made.
• Content Deletion: All content identified as violating this policy will be permanently and irrecoverably deleted from our systems.
• IP and Device Ban: We may block IP addresses and device fingerprints associated with confirmed violators to prevent re registration.
• Legal Reporting: In cases involving CSAM or non consensual intimate content, we are legally required to and will proactively report the violation to the National Centre for Missing & Exploited Children (NCMEC), Interpol, and/or relevant Indian and international law enforcement authorities.
• Civil and Criminal Liability: Violation of this Policy may expose you to civil liability and criminal prosecution under applicable laws, including the Indian Information Technology Act, 2000, the Indian Penal Code, POCSO Act, and applicable international laws.

5A.4: No Safe Harbour for Intent

Claiming that prohibited content was generated "accidentally," "for artistic purposes," "for research," or "as a test" does not exempt you from enforcement under this Policy. All determinations are made at the sole discretion of Enhance AI's moderation team, and our decisions are final.

5A.5: Reporting Violations

If you encounter NSFW content generated by another user or discover a potential bypass of our filters, please report it immediately to support@enhanceai.art. Good faith reports are taken seriously, investigated promptly, and treated confidentially.

6. User Content and Intellectual Property Rights

6.1 Your Inputs and Outputs

You affirm that you either own all rights to any Input you provide, or that you have obtained all necessary permissions to use that Input with the Service. You remain solely responsible for any Input you provide and any Output generated from your Input.

You acknowledge that Enhance AI owns all rights, title, and interest in the Services, including the platform, underlying technologies, and all content generated through the platform, except for the Outputs for which we grant you a license.

6.2 License to Enhance AI

You grant Enhance AI a fully paid, royalty free, perpetual, irrevocable, worldwide, non exclusive license to host, use, reproduce, modify, and display Your Content for the purpose of operating and providing the Services to you and other users.

By default, Enhance AI will not use your personal content for AI model training without your consent.

6.3 Enhance AI's Intellectual Property

All right, title, and interest in and to the Service and its components are and will remain the exclusive property of Enhance AI. This includes all software, algorithms, AI models, code, design, user interfaces, and trademarks.

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, disclose, and safeguard your personal information. The Privacy Policy is incorporated into these Terms by reference.

We employ administrative, technical, and physical security measures to protect your information. However, no system is perfectly secure; you acknowledge that you provide information at your own risk.

If you are in the European Economic Area (EEA), United Kingdom, or a similar jurisdiction, you have specific rights regarding your personal data (such as rights to access, correction, deletion, and objection). Enhance AI is committed to compliance with the GDPR and relevant laws.

8. Copyright and Intellectual Property Complaints

Enhance AI respects the intellectual property rights of others and expects our users to do the same. If you believe that any content on the Service infringes your copyright, please notify us promptly in writing.

A notification of claimed copyright infringement must be sent to our designated Support Email at: support@enhanceai.art

In accordance with the DMCA and other applicable law, Enhance AI has a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

9. Disclaimers of Warranties

Enhance AI and all of its services, information, and content are provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, Enhance AI disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement.

We do not guarantee that the Service will meet your requirements or expectations, that it will be available on an uninterrupted, secure, or error free basis, or that the results obtained from its use will be accurate, reliable, or suitable for your purposes.

You understand that using an AI generative service involves probabilistic outputs that may not always be appropriate or correct. Any content generated is used at your own discretion and risk.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Enhance AI or its affiliates, officers, employees, agents, partners, or licensors be liable to you for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenues, goodwill, data, or other intangible losses.

Enhance AI's total cumulative liability to you for any claims arising out of or related to these Terms or the Service will not exceed the amount you have paid to Enhance AI for the Service in the twelve (12) months immediately preceding the event giving rise to liability (or, if no fees have been paid, $100 USD).

You are solely responsible for your use of the Service and any content you create or publish using the Service. You acknowledge that AI generated outputs may be unpredictable, and you assume all risk for any actions you take based on the outputs.

11. Dispute Resolution and Governing Law

If a dispute, controversy, or claim arises out of or relates to these Terms, both parties agree to first attempt, in good faith, to resolve any Dispute within thirty (30) days from when it arises.

If the Dispute cannot be resolved within this period, it will be settled by binding arbitration before a single, neutral arbitrator mutually selected by the parties. The arbitration will be conducted in English.

By agreeing to arbitration, both you and Enhance AI knowingly and irrevocably waive the right to a trial by jury in any legal action.

These Terms are governed by and will be construed in accordance with the laws of the Republic of India, and the courts of Chittorgarh, Rajasthan shall have jurisdiction over any disputes.

12. Indemnification

You agree to defend, indemnify, and hold harmless Enhance AI, its parent company, affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Content (Inputs or Outputs) and your use of the Service
• Your breach or alleged breach of these Terms
• Your violation of any applicable law or regulation
• Your infringement or violation of any intellectual property, privacy, or other rights of any third party

13. Termination and Suspension

By You: You may stop using the Service at any time. You may also delete your account at any time through your account settings or by contacting us. Termination of your account will be effective once processed (it will take 7 days to process).

By Enhance AI: We may suspend or terminate your access to the Service at any time for any reason, with or without notice. For example, we may do so if you violate these Terms, if we discontinue the Service, or if your use creates risk for us or other users.

Effect of Termination: Upon any termination, the rights and licenses granted to you will immediately end, and you must stop using the Service. Any user content or data associated with your account may no longer be accessible to you.

14. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the Republic of India.

The courts of Chittorgarh, Rajasthan, India shall have exclusive jurisdiction over any disputes arising under these Terms. If you reside outside India, you still agree to submit to this jurisdiction, subject to any mandatory consumer protection rights applicable in your country.

15. Updates to These Terms

Enhance AI may modify or update these Terms from time to time. If we make material changes, we will notify you by reasonable means, such as by posting the updated Terms on our website (with a new "Last updated" date at the top), and/or by sending a notice to the email address associated with your account.

Unless we state otherwise, changes are effective immediately upon posting. By continuing to use the Service after updated Terms are in effect, you agree to be bound by the revised Terms.

If you do not agree to any update, you must stop using the Service.

16. Miscellaneous

Entire Agreement: These Terms, together with any Supplemental Terms and our Privacy Policy, constitute the entire agreement between you and Enhance AI regarding the Service.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No Agency: You and Enhance AI are independent contractors, and these Terms do not create any partnership, joint venture, employment, or agency relationship.

Assignment: You may not assign or transfer these Terms without our prior written consent. Enhance AI may freely assign or transfer these Terms.

Notices: Enhance AI may provide notices to you via email, through your account, or by posting on our website. If you need to give notice to us, you must do so in writing via email to support@enhanceai.art

Questions About Our Terms?

If you have any questions, comments, or concerns about these terms and conditions, please contact us at:

support@enhanceai.art