TERMS OF SERVICE

These Terms of Use (the "Terms") govern your use of the website and application located at https://modelia.ai/ and other sites and subdomains (collectively, "modelia.ai" or the "Website"), the Modelia Shopify Application, the Modelia API, and all related services owned and operated by Modelia Inc., a US incorporated company (the "Company," "we," "us," or "our").

By accessing the Website, the Shopify Application, the API, or any of our Services, you agree to abide by these Terms and to comply with all applicable laws and regulations. We reserve the right to review and amend any of these Terms at our sole discretion and update this page from time to time. Any change to these Terms will take effect immediately from the date of publication. If you do not agree with these Terms, you are prohibited from using or accessing our Website, Shopify Application, API, or using any other services provided by us.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, SHOPIFY APPLICATION, OR API EACH TIME YOU USE THESE SERVICES. THESE TERMS GOVERN YOUR USE OF THE WEBSITE, SHOPIFY APPLICATION, AND API UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY'S BEHALF, IN WHICH CASE "YOU" WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. NOTE THAT THESE TERMS MAY BE UPDATED AT ANY TIME, WITHOUT NOTIFYING YOU AND BY AGREEING TO THESE TERMS NOW, YOU AGREE THAT YOUR CONTINUED USAGE OF THESE SERVICES CONFIRMS YOUR ONGOING AGREEMENT TO ANY UPDATED TERMS.

You must be 18 years or older and able to form a binding contract with us to use the products and services offered on the Website, including our application programming interface, software, tools, developer services, data, and documentation (collectively, the "Services"). If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

You may subscribe to different pricing plans and products. Each account may be subject to a limitation with respect to resource usage based on your plan. A user (or workspace) can have only one active plan at a time. Plans are mutually exclusive.

Subject to the terms herein, Modelia offers specialized image enhancement services ("Services"), which include AI-generated image creation, video generation, consistent character generation, and expert manual adjustments. Clients may submit images ("Client Content") for processing by Modelia's AI technology and further refinement by Modelia's professionals ("Expert Touch-Up"). While Modelia asserts no ownership over Client Content, by submitting Client Content for Services, the client grants Modelia a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Client Content for the purpose of providing the Services.

2.1 Use of Client Content for Service ImprovementFor users on FREE or STARTER plans: By submitting Client Content for Services, the client grants Modelia a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Client Content for the purpose of providing the Services AND to enhance and train Modelia's models, algorithms, and processes aimed at improving the accuracy, efficiency, and quality of Modelia's Services. This license granted to Modelia remains in effect even if this agreement is terminated by any party for any reason.

For users on PAID plans (Project Packs, Basic, Pro, Business, or Enterprise subscriptions): Modelia may use generated visuals ONLY for the purposes of improving workflows, troubleshooting technical issues, and quality assurance. MODELIA WILL NEVER USE CONTENT FROM PAID USERS TO TRAIN ITS AI MODELS. This restriction applies to all content generated while on a paid plan.

Modelia reserves the right to refuse service for any Client Content that does not comply with Modelia's content guidelines or that otherwise contains prohibited material.

3.1 Generated ImagesA "Generated Image" refers to any visual content created by Modelia's artificial intelligence (AI) based on input and generation instructions provided by you, the client. These images are initially displayed within the Modelia platform interface for your review and selection. Generated Images remain the property of Modelia and are not conferred any usage or distribution rights to you until they undergo a specific action defined as a Download from a paid plan or paid transaction.

3.2 Asset Generation ContextEach asset (image, video, consistent character) permanently stores its generation context, including whether it was created under a Free plan or a Paid plan. This attribute is immutable and independent of the user's current plan. The generation context determines the asset's download and usage rights (e.g., watermark applied or removed, commercial use rights), not the user's current subscription status.

3.3 Downloaded Images and Commercial RightsA "Downloaded Image" is defined as a Generated Image that you have actively chosen to download by clicking the designated download button on the Modelia platform FROM A PAID PLAN OR PAID TRANSACTION. Upon such an action, you are granted an exclusive, non-revocable license to use, reproduce, modify, and display the Downloaded Image for commercial purposes. This license extends for the full extent of the copyright term and includes the right to sublicense these rights, contingent upon your compliance with all terms and conditions stipulated in this agreement.

IMPORTANT: IMAGES GENERATED OR DOWNLOADED UNDER THE FREE STARTER PLAN THAT CONTAIN A WATERMARK DO NOT GRANT THE USER ANY COMMERCIAL RIGHTS. WATERMARKED IMAGES MAY NOT BE USED FOR COMMERCIAL PURPOSES, INCLUDING BUT NOT LIMITED TO ADVERTISING, MARKETING, PRODUCT LISTINGS, OR ANY REVENUE-GENERATING ACTIVITIES.

3.4 Watermark Policy and Removal ProhibitionAll assets generated under the Starter (Free) plan are watermarked by default. The watermark serves as a commercial boundary that clearly distinguishes free/Starter assets from paid, commercial-use assets.

THE REMOVAL, ALTERATION, OBSCURING, OR CIRCUMVENTION OF THE MODELIA WATERMARK BY ANY MEANS IS STRICTLY PROHIBITED.This includes but is not limited to:

• Using image editing software to remove or cover the watermark
• Cropping images to exclude the watermark
• Using AI or automated tools to remove the watermark
• Any other method designed to eliminate or diminish the visibility of the watermark

VIOLATION OF THIS WATERMARK POLICY MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION WITHOUT REFUND AND MAY SUBJECT THE VIOLATOR TO LEGAL ACTION FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT.The only legitimate ways to obtain a non-watermarked version of an image are: (a) purchasing the image via a one-off payment at the time of download, which permanently converts the asset into a paid, commercial-use asset; (b) generating the image while on a paid plan (Project Pack or Subscription); or (c) upgrading to a paid plan. Once an asset becomes paid, it remains paid forever, and the watermark status is permanent per asset and never retroactively altered.

3.5 Rights After Subscription CancellationUpon cancellation of your subscription, any rights to access new Generated Images under subscription terms cease immediately. However, for Downloaded Images that were generated under a paid plan, the granted licenses are perpetual, allowing continued use under the terms initially agreed upon at the time of download, even post-subscription. Upgrading a plan does not remove watermarks from previously generated free assets. Watermark status is evaluated per asset, not per user.

3.6 Asset Ownership and AccessAll generated assets belong to the user. Modelia never revokes ownership of created content. Users retain access to all generated assets across all plans. Assets remain visible, stored, and accessible in the user's library. Plan changes affect what users can do next, not what they already created. Assets are never deleted automatically due to plan changes. Deletion only occurs by user action or by explicit legal/compliance processes.

3.7 Intellectual Property Responsibilities and Liability LimitationThe client acknowledges and agrees that they are solely responsible for obtaining all necessary permissions and rights to use any images, logos, texts, brands, patterns, individuals, or other copyrighted or restricted content (collectively, "Content") they submit as input for processing by Modelia. It is the client's duty to ensure that all Content used in connection with Modelia's services is either owned by the client or lawfully licensed for such use.

By using Modelia's services, the client represents and warrants that they have the legal right to use all Content submitted and that the use of such Content does not infringe on the rights of any third parties. The client further agrees to indemnify and hold harmless Modelia from any claims, losses, liabilities, damages, fees, expenses, and costs resulting from the violation of any third-party rights related to the use of the Content provided to Modelia.

3.8 Trademark, Brand, and Third-Party Rights Disclaimer

MODELIA DOES NOT GRANT YOU ANY RIGHTS WHATSOEVER REGARDING TRADEMARKED GARMENTS, LOGOS, BRANDS, PEOPLE YOU USE AS MODELS OR REFERENCES, BACKGROUNDS, STYLES, OR ANY OTHER ASSET THAT CONTAINS THIRD-PARTY INTELLECTUAL PROPERTY OR LIKENESS RIGHTS.When you use Modelia's services to generate content featuring trademarked items (such as clothing brands, logos, or branded products), real people's likenesses, copyrighted backgrounds, or any other third-party intellectual property:

• You remain solely responsible for obtaining all necessary permissions, licenses, and releases from the respective rights holders
• Modelia's generation of such content does not constitute authorization or license to use any third-party intellectual property
• You agree to keep Modelia free from any and all liability arising from your use of such content
• You assume full legal responsibility for any trademark infringement, right of publicity violations, copyright infringement, or other intellectual property violations resulting from your use of generated content

Modelia acts solely as a service provider using the Content to perform requested enhancements and modifications. Modelia's acceptance of any Content from the client does not imply endorsement of the client's ownership or right to use such Content, and Modelia expressly disclaims any responsibility for verifying the legal status of the Content utilized in its services.

3.9 Prohibited Content and LiabilityThe uploading or submission of dangerous, pornographic, or inappropriate images to the Modelia platform is strictly prohibited on FREE plans. Similarly, any prompts aimed at generating harmful, inappropriate, or pornographic images are also strictly forbidden on FREE plans. THE MODELIA WATERMARK MUST NEVER APPEAR ON PORNOGRAPHIC OR ADULT CONTENT. For paid plans, adult content generation may be permitted under specific conditions as determined by Modelia's content policies, but remains subject to all applicable laws and regulations.

Modelia reserves the right to store detailed logs of all image generation activities, including the content of submitted images and prompts, to ensure compliance with these guidelines.

3.10 Similarity of Content and Output UniquenessDue to the inherent characteristics of machine learning technologies, Output generated through the Services may not be entirely unique and may exhibit similarities across different users. Modelia does not guarantee the exclusivity of any output. All human models depicted in output images are fictitious creations generated by artificial intelligence and do not correspond to real individuals. Any resemblance to actual persons, living or dead, is purely coincidental and unintentional.

Modelia offers the following plan types, each designed to serve different user needs:

4.1 Starter Plan (Free)The Starter plan is the default entry point into Modelia. It is designed to allow first-time users to experience the product, enable light, occasional usage, and serve as a safe landing state after downgrades. Starter is a permanent plan and is never removed. All assets generated under Starter are watermarked and do not grant commercial rights. Starter users receive a monthly credit allowance that resets periodically. Starter users cannot access the API, use batch (ZIP) generation, use auto-refill, or collaborate with other users.

4.2 Project Packs (One-Time Purchase)Project Packs are one-time purchases of generation capacity. They are non-recurring, fixed in volume, and independent of time. Project Packs are designed to monetize short-term or seasonal needs, serve users who do not want subscriptions, and bridge the gap between Starter and Subscriptions. Credits purchased via Project Packs never expire. Project Packs support limited consistency features (one model, one background, one style). Project Pack users cannot access the API, use auto-refill, or use batch (ZIP) generation.

4.3 Subscription Plans (Basic, Pro, Business)Subscriptions are ongoing commercial relationships with Modelia representing recurring value, predictable usage, and deeper product adoption. Subscriptions allocate credits on a monthly basis. Credits do not expire while the subscription remains active and accumulate over time. Subscription plans include API access, auto-refill capability, batch (ZIP) generation, and varying levels of consistent models, backgrounds, and collaboration features based on tier (Basic, Pro, or Business).

MINIMUM COMMITMENT: Subscription plans require a minimum commitment of two (2) months, except for the Business plan which has no minimum commitment period.

4.4 Enterprise Plans (Custom/Contract-Based)Enterprise is a bespoke commercial agreement governed by individual contracts, SLAs, and custom terms. Enterprise plans exist to serve large organizations with non-standard needs and enable custom volumes, workflows, or legal terms. Enterprise users are not constrained by standard plan logic but still follow the same global invariants unless explicitly overridden by contract.

4.5 Plan ExclusivityA user can have only one active plan at a time. Plans are mutually exclusive. Project Packs and Subscriptions are never concurrent. When a new plan is activated, the previous plan is automatically terminated following the applicable rules for upgrades and downgrades.

5.1 What Credits RepresentCredits represent generation capacity. They are a unit of consumption for generating images or videos, plan-agnostic in nature, and independent from feature entitlements. Credits do not represent money, time, asset rights, or plan tier. All feature behavior (watermark, resolution, API access, etc.) is determined by the active plan at generation time, not by the credits themselves.

5.2 How Credits Are EarnedCredits can be obtained through: (a) Starter plan allowance (reset periodically); (b) Project Pack purchases (granted immediately, do not auto-renew); (c) Subscription allocations (granted at start of each billing cycle); (d) Manual top-ups (subscription plans only, added immediately).

5.3 Credit Expiration Rules

GENERAL RULE: CREDITS DO NOT EXPIRE. There is no time-based expiration, no automatic decay, and no forced usage window. Credits accumulate as long as the user remains on a subscription or Project Pack.

EXCEPTION - STARTER PLAN: Starter has a hard credit cap. On each Starter reset, credit balance is set to the Starter allowance. Any excess credits above that allowance are lost. This is a plan reset, not credit expiration.

5.4 Free Credits and Plan Upgrades

FREE CREDITS OBTAINED UNDER THE STARTER PLAN OR THROUGH PROMOTIONAL OFFERS ARE NOT MIGRATED OR TRANSFERRED WHEN A USER UPGRADES TO A PAID PLAN. Upon upgrading, users receive the credits allocated by their new paid plan. Any remaining free credits from the Starter plan or promotional offers are forfeited and do not carry over to the paid plan.

5.5 Credit Behavior on UpgradeWhen a user upgrades from one paid plan to another paid plan: existing paid credits are fully preserved, new credits (if any) are added on top, and credits are not reclassified or transformed. After upgrade, all credits follow the rules of the new active plan. Upgrades never destroy or reduce credit value from paid purchases.

5.6 Credit Behavior on DowngradeDuring the remaining billing cycle after initiating a downgrade, credits remain unchanged and higher-plan behavior remains active. At the downgrade effective date, credits persist but their usable behavior is constrained by the new plan. If the downgrade target is Starter, the credit balance is reset to the Starter allowance and excess credits above that allowance are lost.

5.7 Credit Behavior on CancellationCancellation applies only to subscriptions and is treated as a scheduled downgrade. Before cancellation takes effect, credits behave exactly as in the active subscription. After cancellation takes effect, the user transitions to Project plan or Starter plan (user choice). Credit behavior follows the rules of the resulting plan. Credits are never refunded or converted to cash.

6.1 Upgrade Timing RulesUpgrades are always immediate. The moment payment is confirmed: new entitlements apply, new limits apply, and new UI and CTAs apply. Any remaining credits are left as they are. Users must never lose paid value on upgrade.

6.2 Downgrade Timing RulesDowngrades never apply immediately. Downgrades take effect at the end of the current billing cycle. During the remaining cycle, the user keeps full access to the higher plan and keeps current limits and features. At the downgrade moment, the new plan becomes active and access, limits, and UI update automatically. A user always receives what they already paid for until the paid period ends.

6.3 Cancellation RulesCancellation applies only to subscriptions. Cancellation means ending an ongoing subscription renewal. Functionally, a cancellation is a downgrade. Upon cancellation of a subscription, the user must explicitly choose to downgrade to a Project plan or downgrade to Starter plan. There is no "no-plan" state after cancellation. Cancellation becomes effective at the end of the current billing period. Until then, the subscription remains fully active. A user on a Project plan cannot cancel. A Project user may only downgrade to Starter if they choose.

6.4 Safe Landing ConceptModelia ensures that users are never trapped, never lose access to their work, and always have a place to go. Project is the fallback after cancellation of a subscription, guaranteeing continued access and a path back up the ladder. Starter is the universal safe landing for users on Project plans who want to downgrade. No user should ever feel that leaving Modelia means losing their work or their options.

6.5 Account DeletionA user may permanently delete their account. Upon deletion: all personal data is erased, the email/username is permanently substituted, and the user can never log in again. Account deletion is final, irreversible, and cannot be undone. A deleted account can never be reopened or restored.

7.1 Definition of Deprecated PlansDeprecated plans are historical pricing models that are no longer sold but may still exist for active legacy users or for contractual or transitional reasons. Deprecated plans are hidden from public pricing and cannot be newly purchased.

7.2 Modelia's Rights Regarding Deprecated Plans

MODELIA RESERVES THE RIGHT TO CANCEL, MODIFY, OR DISCONTINUE ANY DEPRECATED PLAN FOR CLIENTS CURRENTLY ON SUCH PLANS AT THE NEXT RENEWAL DATE, AT MODELIA'S SOLE DISCRETION.While Modelia will endeavor to maintain deprecated plans for as long as reasonably possible under the same conditions, Modelia makes no guarantee that deprecated plans will continue indefinitely. In the event Modelia decides to discontinue a deprecated plan:

• Modelia will provide reasonable notice to affected users before the next renewal date
• Users will be offered the option to migrate to a currently available plan
• Users who are not satisfied with the available options may cancel their subscription without penalty before the discontinuation takes effect
• Modelia has the final decision-making authority regarding the continuation or discontinuation of any deprecated plan

7.3 Migration RulesLegacy users are encouraged to migrate to current plans but are never forced to migrate abruptly. Any forced migration will be explicit, communicated in advance, and fair in perceived value. Upon upgrade or downgrade from a deprecated plan, users transition to the active plan circuit and cannot return to deprecated plans.

You agree to pay all fees ("Fees") charged to your account according to the rates and terms listed on the applicable pricing page or as otherwise mutually agreed upon in writing. We reserve the right to correct any pricing errors or mistakes, even if payment has been requested or received. You must provide complete and accurate billing information, including a valid and authorized payment method. Fees will be billed to your payment method on a periodic basis as agreed upon; however, we reserve the right to reasonably alter the billing date. You hereby authorize Modelia, its affiliates, and our designated third-party payment processors to charge the Fees to your payment method. In the event that a payment fails to complete, we will notify you in writing and may suspend your access to the Services until full payment is received. Fees are payable in U.S. dollars, Euros, or any other currency expressly supported by Modelia, as indicated on our pricing and checkout pages. Payment is due upon the issuance of an invoice, and all payments are non-refundable, except as explicitly provided for in this Agreement.

We reserve the right to modify our prices at any time. Changes will be communicated through a notice posted to your account and/or on our website. Any price adjustments will take effect immediately upon the effective date specified in the notice.

8.1 Delinquent UsersA user is considered delinquent when a subscription payment fails and is not successfully recovered within the standard billing retry window. During the delinquency period (up to one full billing cycle), the user keeps access to the platform and can continue consuming existing credits, but no new credits are granted. If the delinquent subscription is not recovered by the next anniversary date, the subscription is terminated and the user is moved to a Project plan.

9.1 Starter: Per-Asset Purchase LogicStarter users do not top up credits in bulk. Instead, Starter supports per-asset monetization. When a Starter user wants to remove a watermark or generate a paid, commercial-use asset, the system offers a one-off, per-asset payment. The payment applies only to the selected asset, and the asset is permanently converted into a paid asset. No recurring relationship is created and no credit balance is accumulated.

9.2 Project Packs: Credit Bundle Top-UpsProject Packs are the primary way to top up credits without subscribing. Users purchase new Project packs and credits are added immediately to the account. Multiple Project Packs can be purchased and stacked. Credits from different packs are indistinguishable, credits do not expire, there is no auto-refill, and packs do not create any recurring billing.

9.3 Subscriptions: Manual Top-Ups and Auto-RefillSubscription users can manually top up credits at any time. Users choose how many credits to add, and the total price is calculated by multiplying the selected number of credits by the per-credit price of the active subscription plan. Credits are added immediately and manual top-ups do not affect the billing cycle or the subscription tier. Auto-refill is a subscription-only convenience feature. Users define a credit threshold and a refill amount. When the balance drops below the threshold, credits are automatically purchased. Auto-refill uses the same per-credit pricing as manual top-ups and can be enabled or disabled at any time. Auto-refill is not available on Starter and Project plans.

Modelia offers a Shopify Application ("Shopify App") that provides access to certain Modelia tools and services directly within the Shopify platform.

10.1 Applicability of Terms

ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT APPLY EQUALLY TO THE USE OF MODELIA'S SERVICES THROUGH THE SHOPIFY APPLICATION. By installing and using the Modelia Shopify App, you agree to be bound by these Terms in their entirety.

10.2 Available FeaturesSome of Modelia's tools and features may be available through the Shopify App. The availability of specific tools through the Shopify App may vary and is subject to Modelia's discretion. Features available through the Shopify App are subject to the same plan restrictions, credit consumption rules, and usage limitations as those accessed through the main Website.

10.3 Integration and DataBy using the Modelia Shopify App, you authorize Modelia to access certain information from your Shopify store as necessary to provide the Services. Your use of the Shopify App is also subject to Shopify's own terms of service and privacy policy. Modelia is not responsible for Shopify's platform, policies, or any changes Shopify may make to its services.

10.4 Watermark and Commercial Rights via ShopifyThe same watermark policies, commercial rights restrictions, and asset generation context rules apply to content generated through the Shopify App as through the main Website. An asset's watermark status is universal across all Modelia platforms including the Shopify App.

11.1 API Availability

API ACCESS IS AVAILABLE ONLY TO USERS ON SUBSCRIPTION PLANS (BASIC, PRO, BUSINESS, OR ENTERPRISE). API access is not available on the Starter plan or Project Packs. Users on Starter or Project plans who attempt to access the API will be blocked and prompted to upgrade to a subscription plan.

11.2 Applicability of Terms

ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT APPLY EQUALLY TO THE USE OF MODELIA'S SERVICES THROUGH THE API. By using the Modelia API, you agree to be bound by these Terms in their entirety.

11.3 API Usage and CreditsAPI usage consumes credits like any other generation method. API access respects all plan limits (speed, resolution, volume). The same credit consumption rules, pricing logic, and tool costs apply to API usage as to usage through the Website or Shopify App.

11.4 API Keys and SecurityYou are responsible for maintaining the confidentiality of your API keys. You may not share your API keys with third parties. Upon downgrade from a subscription plan to Starter or Project, API access is lost and API keys are invalidated. You are responsible for all activities that occur using your API keys.

11.5 API LimitationsSome Modelia tools and features may be available through the API. The availability of specific tools through the API may vary and is subject to Modelia's discretion. Modelia reserves the right to modify, limit, or discontinue API access or specific API endpoints at any time.

Modelia responds diligently to notices of alleged infringement under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. We will promptly remove or disable access to content that is alleged to be infringing and may terminate the accounts of repeat infringers in accordance with our compliance obligations under the DMCA.

If you believe that your copyright, trademark, publicity rights, or other intellectual property rights have been infringed by content hosted on our Website, you may submit a takedown notice to contact@modelia.ai. To ensure efficient processing of your notice, you must be the copyright holder or an authorized agent of the copyright holder.

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Website, Shopify App, and API for both personal and commercial purposes, as set forth in these Terms. The Website, Shopify App, API, and all related contents, features, and functionality are owned by the Company, its licensors, or other providers of such materials and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The proprietary designs, UX, UI, and methodologies of the Modelia platform itself are distinct from the generative content produced using the platform. You are prohibited with respect to our proprietary material from reproducing, modifying, creating derivative works from, republishing, downloading (other than page caching), storing, or transmitting any of the proprietary material, except as expressly permitted by these Terms.

The company name, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or service marks owned by the Company or its affiliates or licensors. Unauthorized use of these marks is strictly prohibited without prior written permission from the Company.

By accessing and using the Website, Shopify App, or API, you, on behalf of yourself, your users, and any parties you represent, warrant that you will not engage in the following prohibited activities:

Intellectual Property Violations:

• Modify, copy, create derivative works from, decompile, or reverse engineer any materials and software contained on the Website
• Remove any copyright or other proprietary notations from the materials and software on the Website
• Remove, alter, or circumvent the Modelia watermark from any watermarked content

Network Abuse:

• Knowingly or negligently use the Website, Shopify App, or API in a manner that abuses, disrupts, or interferes with our networks or any other service the Company provides

Content Restrictions:

• Generate content that impersonates any real person or falsely portrays an individual in a misleading or defamatory manner
• Produce content that includes depictions of sexual abuse, violence, explicit pornography, child nudity, child pornography, non-consensual acts, animal cruelty, extreme violence, or content that promotes hatred, discrimination, or harm
• Generate adult or pornographic content on FREE plans where such content would bear the Modelia watermark

Any breach of these terms may lead to immediate termination of your access to the Services. The Company reserves the right to take further actions, including reporting violations to law enforcement authorities. In cases of account termination due to violations, the Company reserves the right to refuse to issue a full or partial refund for any pre-paid, unused services or credits remaining at the time of termination.

Modelia strives to provide continuous availability of its services and to ensure that the image generation times are reasonable under normal conditions. However, we do not guarantee uninterrupted service availability or specific performance metrics unless otherwise specified in a separate written agreement tailored for enterprise-level service commitments.

To maintain the performance and security of our services, we regularly perform scheduled maintenance. We aim to conduct such maintenance activities during off-peak hours to minimize any potential disruption to our users. Modelia may occasionally need to perform emergency maintenance or resolve unexpected technical issues that could result in unplanned downtime.

These Terms of Use shall remain in full force and effect for as long as you access and use our Services. You may terminate your use of the Services at any time, for any reason or for no reason, by ceasing all use of the Services.

We reserve the right to terminate your access to or use of the Services at any time, without prior notice, if you breach any provision of these Terms, engage in any suspected fraudulent, abusive, or illegal activities, remove or circumvent the Modelia watermark from watermarked content, or for any other reason at our sole discretion. Such termination may be immediate and without prior notice.

Upon termination, you must cease all use of the Services and any information obtained from the Services. We may also delete your account and any related data at our discretion. The provisions of these Terms that by their nature should survive termination shall continue in full effect after termination.

You expressly understand and agree that your access to and use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, we, along with our subsidiaries, affiliates, and licensors, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that: (i) the Services will meet your specific requirements, (ii) your use of the Services will be uninterrupted, timely, secure, or error-free, (iii) information obtained by you from the Services will be accurate or reliable, and (iv) any errors in the Services' technology will be corrected.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its past, present, and future employees, officers, directors, contractors, consultants, affiliates, subsidiaries, agents, partners, and licensors (the "Indemnified Parties") from and against any and all claims, liabilities, costs, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising from or related to:

• Your use of, or conduct in connection with, the Services
• Your breach or violation of these Terms
• Your violation of any applicable law, regulation, or rights of another, including intellectual property rights
• Any content or Inputs you upload, post, or otherwise transmit through the Services that infringe any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity
• Your use of trademarked garments, logos, brands, people's likenesses, backgrounds, styles, or any other third-party intellectual property in connection with the Services
• Your removal, alteration, or circumvention of the Modelia watermark

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Any disputes arising out of or relating to these Terms, or the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration conducted by a neutral arbitrator, instead of in a court by a judge or jury. You hereby waive any right to a jury trial or to participate in a court trial. Additionally, you agree that any arbitration shall occur on an individual basis; class arbitrations and class actions are not permitted, and you are expressly waiving the right to participate in a class action.

You and the Company agree that any claims brought against each other will be conducted in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Our Privacy Policy, accessible from our Website, describes how we process your personal data and protect your privacy when you use our Services.

Should you have any feedback, comments, or questions about these Terms, please contact us at contact@modelia.ai.