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Terms of Service

Last Updated: June 20, 2025

These Terms form a legally binding agreement (the “Agreement“) between you (“you,“ “your,“ or “User“) and Eternis Labs, Inc. d/b/a Freysa (“Freysa,“ “we,“ “us,“ or “our“). By accessing or using freysa.ai, freysa.video, our mobile or desktop applications, any associated smart contracts, or any other services that link to these Terms (collectively, the “Services“), you acknowledge that you have read, understood, and agree to be bound by this Agreement and by our [Privacy Policy], which is incorporated by reference.

1. Eligibility

  • You must be at least eighteen (18) years old and capable of forming a binding contract in your jurisdiction. We do not knowingly permit anyone under 18 to use the Services.
  • You represent that you are not located in, or a citizen or resident of, any jurisdiction subject to embargoes, sanctions, or other restrictions that would make your use of the Services unlawful.

2. Account Registration & Security

  • You may need to create an account, connect a compatible crypto wallet, or sign in via a third‑party provider. You are responsible for safeguarding your credentials and private keys.
  • You agree to notify us immediately of any unauthorized use of your account.

3. Fees, Payments & Non‑Refundability

  • All fees are displayed before you incur them and are denominated in either fiat currency or supported digital assets. Gas fees, network congestion, price volatility, or failed transactions are outside our control and are non‑refundable.
  • You are solely responsible for any taxes or duties arising from your use of the Services.

4. User‑Generated Content (“UGC“)

4.1 Ownership

  • You retain any intellectual‑property rights you hold in content you upload or create (the “User Content“).

4.2 License to Freysa

  • By submitting or generating User Content, you grant Freysa a worldwide, non‑exclusive, royalty‑free, perpetual, sublicensable license to host, store, reproduce, modify, create derivative works of, publicly display, and distribute such content for the purpose of operating, promoting, and improving the Services.

4.3 Third‑Party Rights

  • You warrant that your User Content does not infringe any copyright, trademark, trade secret, privacy, publicity, or other rights of any third party.

5. Prohibited Content & Conduct

You agree not to:

  1. Generate, upload, or share any content that is illegal, obscene, pornographic involving minors, hateful, harassing, violent, or otherwise objectionable.
  2. Violate any applicable law or regulation.
  3. Infringe or misappropriate any third‑party IP rights.
  4. Upload malicious code, attempt to reverse‑engineer our models, or interfere with the Services.
  5. Use the Services for the training of AI models without our express written consent.
  6. Impersonate any person or entity, or falsely state an affiliation with Freysa.

We reserve the right to moderate, block, or remove content and to suspend or terminate accounts at our sole discretion.

6. AI‑Generated Outputs

  • Outputs may contain inaccuracies, biases, or other defects. You are solely responsible for verifying the accuracy and legality of any generated material before relying on or distributing it.
  • Freysa disclaims any warranties that outputs will be error‑free, non‑infringing, or fit for any particular purpose.

7. Intellectual Property (Platform)

  • All software, models, visual interfaces, graphics, and trademarks that are not User Content are owned by Freysa or its licensors and are protected by intellectual‑property laws. You may not copy, modify, or create derivative works of the Platform IP without prior written permission.

8. Privacy

  • Our collection and use of personal data is described in the Privacy Policy. By using the Services, you consent to those practices.

9. Modifications to the Services or Terms

  • We may modify these Terms or the Services at any time. Material changes will be announced via the Site or email. Continued use after changes constitutes acceptance.

10. Termination & Suspension

  • We may suspend or terminate your access, or remove content, for any breach of these Terms, suspected illegal activity, or to comply with legal obligations.
  • Sections that by their nature survive termination (e.g., license grants, disclaimers, limitation of liability) shall survive.

11. Disclaimers

  • THE SERVICES ARE PROVIDED “AS IS“ AND “AS AVAILABLE.“ To the fullest extent permitted by law, Freysa disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

12. Limitation of Liability

  • Freysa will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, arising from your access to or use of the Services.
  • In no event shall Freysa"s aggregate liability exceed the greater of (a) USD 100 or (b) the total fees paid by you to Freysa in the twelve (12) months preceding the claim.

13. Indemnification

  • You agree to defend, indemnify, and hold harmless Freysa and its affiliates from any claims, damages, or expenses arising out of (i) your User Content, (ii) your breach of these Terms, or (iii) your violation of any law or third‑party rights.

14. Governing Law & Dispute Resolution

  • Governing Law: State of Delaware, USA, without regard to its conflict‑of‑laws principles.
  • Arbitration: Any dispute not resolved informally shall be finally settled by binding arbitration under JAMS Rules in San Francisco, California. Class‑action waivers apply.

15. Export Controls & Sanctions

  • You may not use the Services if you are subject to U.S. embargoes or sanctions, or for any purpose prohibited by U.S. export laws.

16. Force Majeure

  • Freysa shall not be liable for any delay or failure resulting from causes beyond its reasonable control, including blockchain congestion, network outages, or AI compute shortages.

17. Miscellaneous

  • Entire Agreement / Severability. These Terms constitute the entire agreement between you and Freysa. If any provision is held invalid, the remaining provisions shall remain in full force.
  • No Waiver. Freysa"s failure to enforce any right or provision will not constitute a waiver of such right or provision.

18. Contact