Terms of Service

Last updated: January 28, 2025

1. Acceptance of Terms

By accessing and using ACODA ("the Service", "we", "us", or "our"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

We reserve the right to update these terms at any time. Continued use of the Service after changes constitutes acceptance of the modified terms. We will notify users of material changes via email or through the Service.

2. Service Description

ACODA is an AI-powered creative platform that provides image generation, video generation, image editing, and related creative tools. The Service utilizes various AI models and technologies to generate content based on user inputs.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access
  • Not share your account with others (except authorized team members)

4. Subscription Plans and Credits

4.1 Credit System

The Service operates on a credit-based system. Credits are consumed when generating images, videos, or using other AI-powered features. Credit costs vary based on the model, quality settings, and output specifications.

4.2 Subscription Plans

Paid subscriptions provide monthly credit allocations. Subscription credits reset each billing cycle and do not roll over to subsequent months. Top-up credits purchased separately do not expire.

4.3 Unlimited Features and Fair Use Policy

Certain subscription tiers include "unlimited" access to specific features (such as Nano Banana Pro image generation). These unlimited features are subject to our Fair Use Policy:

  • Unlimited features are subject to daily usage limits to ensure service quality for all users
  • Daily limits vary by subscription tier and are designed for reasonable personal or business use
  • Usage that significantly exceeds typical patterns may be subject to review
  • "Unlimited" does not guarantee uninterrupted or error-free service availability
  • We reserve the right to modify usage limits with 30 days notice to affected subscribers

4.4 Team Seats

Certain subscription plans include multiple user seats, allowing you to invite team members to share your credit allocation. Team members:

  • Share credits from the account owner's allocation
  • Must agree to these Terms of Service
  • Are subject to the same usage policies as the account owner
  • Can be removed by the account owner at any time

4.5 Billing and Refunds

Subscription fees are billed in advance on a recurring monthly basis. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. Credits are non-refundable except as required by applicable law.

5. Content Ownership and Licensing

5.1 Your Content

You retain ownership of original content you upload to the Service (such as reference images). By uploading content, you grant us a license to process and store it for the purpose of providing the Service.

5.2 AI-Generated Content

For content generated using ACODA's AI tools:

  • Paid subscribers receive a commercial license to use AI-generated content for business purposes
  • Free tier users may use generated content for personal, non-commercial purposes only
  • You are responsible for ensuring your use complies with applicable laws and third-party rights
  • We do not claim ownership of AI-generated content created by you

5.3 Content Storage

Generated content is stored in your library for convenience. We do not guarantee indefinite storage and recommend downloading important content. We may delete content from inactive accounts after extended periods of inactivity.

6. Prohibited Uses

You agree not to use the Service to:

  • Generate illegal, harmful, defamatory, or offensive content
  • Create content that infringes intellectual property rights
  • Generate deepfakes or deceptive content intended to mislead
  • Create content depicting minors inappropriately
  • Harass, abuse, threaten, or harm any person
  • Impersonate individuals without consent
  • Generate content promoting violence, hate, or discrimination
  • Circumvent usage limits or access controls
  • Use automated tools, bots, or scripts to access the Service
  • Resell or redistribute the Service without authorization
  • Reverse engineer or attempt to extract underlying AI models
  • Interfere with or disrupt the Service or its infrastructure

Violation of these terms may result in immediate account suspension or termination without refund.

7. Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any feature with reasonable notice
  • Update AI models, which may affect output characteristics
  • Perform maintenance that may temporarily affect availability
  • Adjust pricing or credit costs with advance notice to subscribers

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • AI-generated content will be accurate, complete, or suitable for any purpose
  • Any defects will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACODA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless ACODA and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you create, upload, or distribute through the Service

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account data and generated content
  • Unused credits will not be refunded
  • Provisions that by their nature should survive will remain in effect

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of Australia.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ACODA regarding your use of the Service and supersede any prior agreements.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: legal@acoda.com

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