These Terms of Service, in conjunction with our Privacy Policy (which is hereby incorporated into this document by reference and shall have the same legal effect as if fully set forth herein, collectively referred to as this “Agreement”), constitute a legally binding and enforceable contract between you and DrawiiAI (“DrawiiAI” “us,” “we,” or “our”) that governs all aspects of your access to and use of the Services provided by DrawiiAI. References to “Customer,” “you,” and “your” within this Agreement shall specifically mean the individual who accepts this Agreement, places an Order for the Services, creates an Account on the Platform, or otherwise utilizes any feature or functionality of the Services. In the event that the Services are used or accessed on behalf of a company, organization, partnership, or any other legal entity by an individual who is authorized to accept this Agreement on such entity’s behalf, all references to “Customer,” “you,” or “your” in this Agreement shall apply to that entity and its Affiliates (where “Affiliates” means any entity that controls, is controlled by, or is under common control with the entity, directly or indirectly). If you are entering into this Agreement on behalf of a company, organization, or other legal entity, the individual accepting this Agreement on your behalf represents and warrants to DrawiiAI that they possess the full legal authority to bind you to the terms and conditions of this Agreement, and that such acceptance is valid and binding on the entity.
Please review the following terms with care:
By accepting this Agreement—whether through clicking a designated box indicating your explicit acceptance, executing a written Order that references this Agreement, accessing or using any part of the Services (including making any payment for paid Services), or otherwise providing clear and affirmative indication of your acceptance (the specific date on which you provide such acceptance is hereinafter referred to as the “Effective Date”)—you acknowledge and confirm that you have carefully read, fully understood, and voluntarily agreed to all the terms and conditions set forth in this Agreement, including the incorporated Privacy Policy. Your acceptance of this Agreement is a mandatory prerequisite for your use of the Services, and by using the Services, you agree to be legally bound by all provisions herein. If you are not legally eligible to enter into binding contracts (such as minors without proper authorization) or do not agree to any of the terms and conditions contained in this Agreement, you are strictly prohibited from using the Services. Your continued use of the Services and our provision of the Services to you shall be deemed as mutual acceptance by both parties of the terms of this Agreement, forming a valid and binding contractual relationship.
Overview
The Service provided by DrawiiAI offers a comprehensive set of specific features and functionalities that are designed to enable users to create, edit, modify, share, distribute, and otherwise utilize AI images that are generated or produced through the application of advanced generative artificial intelligence technology. These functionalities are intended to streamline the AI image creation process, allowing users to transform text inputs or other content into professional-quality AI image outputs without requiring extensive technical expertise in image production or editing.
Platform
If you are officially granted access to our Platform by DrawiiAI, or if the Platform is otherwise provided to you as part of the Services pursuant to a validly executed Order, DrawiiAI shall make the Platform available to Customer for the entire duration of the Term (as defined in the applicable Order) in accordance with the terms and conditions of this Agreement and the specific provisions of the relevant Order. During this period, Customer is authorized to use the Output generated through the Platform in strict compliance with all the requirements and restrictions set forth in this Agreement. In the case where Customer is a company, organization, or other legal entity, Customer’s authorized Users (as defined herein) may access and use the Platform internally for the sole purpose of fulfilling Customer’s business needs on Customer’s behalf, provided that such access and use are consistent with this Agreement and any applicable internal policies of Customer.
Access
To gain access to and use the Services, Customer and each of its authorized Users must first complete the registration process to create an individual account (“Account”) on the Platform. In the course of this registration, DrawiiAI may require Customer and its Users to provide certain accurate and up-to-date personal or business information, such as full name, valid email address, contact telephone number, or other relevant contact details as reasonably requested by DrawiiAI. Customer hereby agrees and warrants that all information provided to DrawiiAI during the registration process and at any subsequent time is true, accurate, complete, and not misleading in any way. Customer further undertakes to promptly update any of this information whenever there is a change to ensure that it remains accurate and current at all times. Only authorized Users are permitted to access and use the Services, and such access must be conducted exclusively through the specific authentication mechanisms designated by DrawiiAI (hereinafter referred to as “Log-in Credentials”), which may include usernames, passwords, or other security-based access tools. Each User is solely responsible for keeping its Log-in Credentials strictly confidential and must not disclose, share, or otherwise make available such Log-in Credentials to any third party, whether intentionally or inadvertently. Customer shall be fully responsible for ensuring that all its Users comply with the terms and conditions of this Agreement, and shall be liable for any and all actions, omissions, or transactions conducted through the Log-in Credentials of its Users, regardless of whether such actions were authorized by Customer. If Customer becomes aware of any unauthorized access to or compromise of any Log-in Credentials (including but not limited to lost, stolen, or otherwise compromised credentials), Customer shall immediately notify DrawiiAI in writing (or through other designated channels) and take all reasonable and necessary measures to mitigate any potential risks arising from such compromise. DrawiiAI may Process the Log-in Credentials for the sole purposes of providing and maintaining the Services, verifying user identity, ensuring the security of the Platform, or for other legitimate internal business purposes that are consistent with this Agreement and the Privacy Policy.
You hereby make the following representations and warranties to DrawiiAI, which shall remain in full force and effect for the entire duration of your use of the Services: (a) you have not been previously suspended, restricted, or permanently removed from using the Services by DrawiiAI, and there are no pending proceedings or investigations that could lead to such actions; (b) your registration for the Services and all subsequent use of the Services comply with all applicable local, state, national, and international laws, regulations, rules, and ordinances (collectively referred to as “Laws”); and (c) you have reached the age of majority in your jurisdiction of residence, which is at least 18 years of age. It is explicitly prohibited for any individual under the age of 13 to use the Services in any manner whatsoever. For individuals who are between 13 and 17 years of age (i.e., minors who have not yet reached the age of majority), such individuals may use the Services only if they have obtained the prior written or verbal consent of their parent or legal guardian. By using the Services, such minors represent and warrant that they have obtained such consent and that their parent or legal guardian has read and understood this Agreement and agrees to be bound by its terms on behalf of the minor. DrawiiAI reserves the right, in its sole and absolute discretion, to suspend any Accounts that remain inactive for an extended period of time (as determined by DrawiiAI from time to time), after providing reasonable notice to Customer where practicable, to allow Customer to reactivate the Account.
Support
If you encounter any technical difficulties, operational issues, or have any questions or inquiries regarding the use of the Services, you may contact our customer support team promptly through the designated communication channels (such as email, in-app support tickets, or the contact form available on the Platform) to seek assistance with your concerns. It is important to note, however, that DrawiiAI shall not be legally obligated to respond to or resolve all or any of the issues reported to us, nor shall we be required to provide any software updates, feature upgrades, bug fixes, or other forms of technical support, maintenance services, or customer assistance in relation to the Services, unless such obligations are explicitly set forth in a separate written agreement between you and DrawiiAI.
Personal Data
To the extent that Personal Data (as the term is defined in DrawiiAI's Privacy Policy) is uploaded, transmitted, submitted, provided, or otherwise Processed (which includes collecting, storing, using, disclosing, or transferring) in connection with Customer's access to or use of the Services, DrawiiAI shall comply with all the provisions, obligations, and safeguards set forth in the Privacy Policy. This includes, but is not limited to, implementing appropriate technical and organizational measures to protect the security and confidentiality of such Personal Data, and only Processing Personal Data for the specific purposes outlined in the Privacy Policy and this Agreement.
Usage Data and Aggregated Data
As between the parties to this Agreement, DrawiiAI shall exclusively own and retain all right, title, and interest—including all related intellectual property rights (such as copyrights, trademarks, patents, trade secrets, and database rights) and other proprietary rights— in and to the Aggregated Data and Usage Data. This includes any improvements, modifications, enhancements, or derivatives made to such data, as well as all know-how, analytical insights, reports, and results generated from the Processing, analysis, and use of such data. Additionally, DrawiiAI shall own all rights to any and all new products, services, technologies, developments, modifications, customizations, or improvements to the existing Services that are created, developed, or implemented based, in whole or in part, on the Aggregated Data or Usage Data. For the purposes of this Agreement, “Aggregated Data” means data that has been anonymized and aggregated such that it no longer identifies any individual user or Customer, and “Usage Data” means data that is automatically collected by DrawiiAI regarding the use of the Services, such as access times, feature usage, and system performance metrics.
Scope Limitations
You acknowledge, understand, and agree that: (a) DrawiiAI may, from time to time and in its sole discretion, establish general operational practices and usage limitations regarding the access to and use of the Services. These may include, but are not limited to, limitations on the maximum storage capacity for Input or Output, limitations on the maximum period for which the Services will retain Input or Output (after which such data may be automatically deleted), and limitations on the number of concurrent users or the frequency of service usage; and (b) DrawiiAI shall not be held liable or responsible for any loss, damage, or inconvenience caused by the deletion of any Input or Output, or by the failure to store any Input or Output used in connection with the Services, regardless of the cause of such deletion or failure.
During Free Use
During the period of free use of the Services (i.e., when you are using the Services without an active Subscription Term), you hereby irrevocably grant to DrawiiAI a worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up license, with the right to sublicense through multiple tiers of sublicensors, to host, store, transfer, publicly display, publicly perform (including by means of digital transmission), communicate to the public, reproduce, modify (solely for the purpose of formatting the content for proper display on the Platform or through the Services), create derivative works of, and distribute any Input provided by you outside of an active Subscription Term. This license applies to the Input in whole or in part, and may be exercised in any media formats (whether existing or newly developed in the future) and through any media channels (including online platforms, social media, and other digital or physical distribution channels). The foregoing license is granted for the following purposes, to the extent reasonably necessary to achieve each purpose: (1) to provide, maintain, and operate the Services; (2) to derive or generate Usage Data or Output from the Input; (3) to create and compile Aggregated Data for internal analysis and service improvement; (4) to enhance and improve the Services, other existing products and services offered by DrawiiAI, and to develop new products and services; (5) to create, test, refine, improve, train, or otherwise develop, enhance, or optimize the artificial intelligence or machine learning models, systems, architecture, weights, algorithms, or related technology used by DrawiiAI in connection with the Services; or (6) as otherwise required by applicable Laws, as agreed to in a separate written document signed by both parties, or as otherwise expressly permitted under the terms of this Agreement. It is further agreed that the foregoing license shall be perpetual and irrevocable with respect to any Input that is contained, incorporated, included, embodied, or otherwise reflected in Output, Usage Data, or Aggregated Data, even after the termination or expiration of this Agreement or your use of the Services.
Security and Processing
DrawiiAI shall implement and maintain reasonable and appropriate technical and organizational security measures that are designed to protect the Input provided by Customer from unauthorized access, use, disclosure, alteration, destruction, or loss. These measures shall be consistent with industry standards and best practices for data security, taking into account the nature and sensitivity of the Input. Notwithstanding the foregoing, Customer shall be solely and exclusively responsible for all aspects of its Input, including but not limited to the content of the Input, the accuracy, completeness, and legality of the Input, and ensuring that the Input does not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party. Customer is also solely responsible for implementing and maintaining adequate backup procedures for its Input, including regularly creating copies of the Input and storing them in a secure location, as DrawiiAI shall not be liable for any loss or damage to Input due to system failures, data corruption, or other unforeseen events, except to the extent caused by DrawiiAI’s gross negligence or willful misconduct.
Customer Obligations
Customer shall not engage in, and shall not permit its Users, employees, agents, contractors, or any other person acting on its behalf to engage in, any of the following prohibited activities in connection with the Services:
• Use the Services to engage in any regulated activity (such as financial services, healthcare services, or legal services) without first complying with all applicable regulatory requirements, licenses, and permits; or promote, facilitate, or engage in any illegal activity, including but not limited to the development, manufacture, distribution, or sale of illegal substances, counterfeit goods, stolen property, or other illegal products or services, or any activity that exploits, harms, or endangers children (such as child pornography or child exploitation);
• Use the Services to generate pornographic or sexually explicit content;
• Use the Services to create, generate, or distribute deepfakes or any other form of Output that is intentionally deceptive, misleading, or designed to falsify the identity of an individual, entity, or event (such as AI images that manipulate the appearance or features of a person to make it appear that they said or did something they did not);
• Use the Services to engage in any political activity that violates applicable Laws, including but not limited to the manipulation or attempted manipulation of government processes, electoral systems, or political campaigns, or to spread, distribute, or promote misinformation, disinformation, or misleading information about any individual, group, organization, or entity that could cause harm to their reputation, rights, or interests;
• Use the Services to create psychologically harmful content;
• Facilitate or promote the exchange of illegal or highly regulated goods;
• Use the Services to defraud, scam, or deceive any person or entity; send unsolicited commercial communications (spam); mislead users about the nature or purpose of the Services or Output; bully, harass, threaten, or intimidate others; defame, libel, or slander any individual or entity; discriminate against any person on the basis of protected attributes (such as race, color, religion, gender, sexual orientation, national origin, disability, or age); sexualize children in any way; or promote, incite, or encourage violence, hatred, or harm against any person or group;
• Misrepresent the source of Output or claim that Output is human-generated;
• Provide any third party with access to any model made available through the Services;
• Use the Services or any content, data, information, software, or other materials made available through the Services (including but not limited to Output, user interfaces, or documentation) for the purpose of directly or indirectly creating, testing, improving, training, fine-tuning, or otherwise developing, enhancing, or replicating any artificial intelligence or machine learning models, systems, architecture, weights, algorithms, or related technology for yourself or any third party, whether competitive with DrawiiAI’s technology or not;
Input Disclaimer
DrawiiAI shall not be under any obligation to edit, review, monitor, or control any Output generated through the Services or any Input uploaded, submitted, or transmitted by you or any other user of the Services. DrawiiAI shall not be held liable or responsible in any way for the content, accuracy, completeness, legality, or appropriateness of any Input or Output, and shall not be liable for any loss, damage, or claim arising from the use or reliance on such Input or Output. However, DrawiiAI reserves the right, in its sole and absolute discretion, to screen, review, remove, edit, block, or disable access to any Input or Output at any time and without prior notice to you, if DrawiiAI determines (in its sole judgment) that such Input or Output violates any provision of this Agreement, is alleged to infringe the intellectual property rights, privacy rights, or other legal rights of any third party, is offensive, harmful, or objectionable, or otherwise violates DrawiiAI’s acceptable use policies. You understand and acknowledge that when using the Services, you may be exposed to Input or Output from a wide variety of sources (including other users of the Services), and that such Input or Output may be inaccurate, misleading, offensive, indecent, violent, or otherwise objectionable. By using the Services, you agree to waive, and hereby do waive, any and all legal or equitable rights, claims, remedies, or causes of action that you may have or may arise against DrawiiAI, its officers, directors, employees, agents, or licensors with respect to any Input or Output. If DrawiiAI receives a notification from a user, content owner, or other third party alleging that any Input or Output fails to comply with this Agreement or violates any legal rights, DrawiiAI may, in its sole discretion, investigate the allegation and take any action it deems appropriate, including removing the relevant Input or Output, suspending or terminating the Account of the user responsible, or taking legal action. DrawiiAI reserves the right to take such action at any time and without providing notice to you. For the avoidance of doubt, DrawiiAI strictly prohibits any infringing activities on the Services, including the uploading or distribution of Input or Output that infringes the copyrights, trademarks, or other intellectual property rights of third parties.
Monitoring Content
DrawiiAI does not control, and has no legal obligation to monitor, supervise, or review: any Input or Output generated or uploaded through the Services; any content, data, or information made available by third parties on or through the Services; or the manner in which users access and use the Services. You acknowledge and explicitly agree that DrawiiAI reserves the right to, and may from time to time, monitor, review, and analyze all information, data, and communications transmitted to or received through the Services (including all Input and Output) for a variety of purposes, such as ensuring compliance with this Agreement, maintaining the security and integrity of the Platform and Services, preventing fraud, illegal activities, or violations of third-party rights, improving the Services, and for other legitimate operational or business purposes. Even if DrawiiAI chooses to monitor Input or Output at any time, DrawiiAI shall not assume any responsibility or liability for the content of such Input or Output, or for any loss, damage, or harm incurred by you or any third party as a result of the use, disclosure, or reliance on such content. During the course of any monitoring activities, information may be examined, recorded, copied, stored, and used by DrawiiAI in accordance with the provisions of our Privacy Policy. DrawiiAI reserves the right to block, filter, mute, remove, or disable access to any Input or Output that it deems non-compliant with this Agreement or otherwise objectionable, without incurring any liability to the user to whom such Input or Output relates, any other users of the Services, or any third party.
Ownership
Except as explicitly and specifically set forth in this Agreement, neither party shall grant to the other any rights, licenses, or privileges (whether express or implied) with respect to any intellectual property or other proprietary rights. As between the parties, and subject to the limited licenses granted herein, Customer retains all right, title, and interest (including all intellectual property rights and other proprietary rights) in and to all Input provided by Customer and all Output generated through the Services based on such Input, provided that such Input and Output do not infringe upon DrawiiAI’s intellectual property rights or the rights of third parties. Conversely, except for the limited, non-exclusive usage rights granted to Customer under this Agreement for the purpose of using the Services, DrawiiAI and its licensors shall retain all right, title, and interest (including all intellectual property rights and other proprietary rights) in and to the Services, any software used to provide the Services (“Software”), any documentation related to the Services (“Documentation”), Usage Data, Aggregated Data, and all of DrawiiAI’s technology, algorithms, source code, user interfaces, materials, content, information, and other forms of intellectual property used in connection with the provision of the Services. This includes any modifications, improvements, enhancements, or customizations made to any of the foregoing items by DrawiiAI or by any third party acting on behalf of DrawiiAI, whether such modifications are based on user feedback, Usage Data, Aggregated Data, or other sources.
Update and modify
You acknowledge and agree that DrawiiAI reserves the right to modify, update, or revise these general terms and policies at any time without prior notice. Such modifications shall take effect immediately upon being published on the platform or otherwise provided to you.
