Terms of Service
Effective date: 2026-09-21
1. Provider and scope
The service provider is PBEODEV Piotr Ożóg, Leśna 329, 37-204 Gorzyce, Polska, tax identification number PL7941797603, referred to below as the “Provider”. Contact, support, complaints and infringement reports are handled at support@artiogen.ai.
These Terms govern use of artiogen.ai and the application at app.artiogen.ai. Creating an Account requires acceptance of these Terms. The Privacy Policy explains the processing of personal data and is not consent to such processing.
2. Definitions
- Account — the User's resources and settings within the Service.
- User — an individual or entity using the Service.
- Input — a prompt, image, video, file, parameter or other material submitted for a Generation.
- Output — material produced by a Generation.
- Generation — a request to produce Output using a selected Model.
- Model — a generative model available through an external provider.
- Credits — units accounting for use of the Service; they are not money or a means of payment.
- Plan — a recurring subscription providing periodic Credit allocations.
3. Nature of the service and generative AI limitations
The Service sends Input and parameters to an external Model provider, receives Output and makes it available to the User. The same Input may produce different results, and different users may receive similar or identical Outputs.
Models may produce errors, distortions, bias, content inconsistent with the request or material that appears convincing despite being untrue. The Provider does not guarantee a particular result, accuracy, originality, fitness for a particular purpose or the absence of similarity to existing works, persons or marks.
The User must assess the legality, accuracy and suitability of Output before publishing, selling or otherwise using it. The Service does not provide legal clearance of Input or Output.
The Service is an independent product. The Provider is not affiliated with the creators or owners of the Models, does not act on their behalf and is not authorised, sponsored or endorsed by them. Model names and the names of their creators are trade marks of their respective owners and are used descriptively only, to indicate which Model performs a Generation. The availability of a particular Model depends on its provider and may change; section 10 applies.
4. Account
Only persons aged 18 or over may use the Service. A person acting for a business or another entity represents that they have authority to bind that entity to these Terms.
Registration details must be accurate and current. An Account is personal unless the Service expressly provides a team feature. The User must protect login credentials and promptly report suspected unauthorised access. The User is responsible for activity through the Account unless it results from circumstances for which the Provider is responsible.
5. Input, Output and rights
The User retains rights in Input. Rights in Output belong to the User to the extent they can arise and be granted under applicable law, by the Provider and under the terms of the relevant Model. Subject to Model restrictions, Output may be used commercially.
The User represents that they have all rights, licences, consents and other legal grounds needed to submit and process Input. This includes copyright, trade marks, confidentiality, privacy, personal data and image or publicity rights of third parties.
The User grants the Provider a non-exclusive, royalty-free licence, limited in duration and purpose to providing the Service, to host, copy, technically convert, transmit and otherwise process Input and Output. The licence permits authorising Model providers and infrastructure vendors only as needed to perform a Generation, store the result, maintain security, handle reports and comply with legal obligations.
The Provider does not use Input or Output to train its own models. External providers and Model owners process them under their own terms, which may permit retention, analysis or other uses. Information known to the Provider is described in the Privacy Policy. Additional information or restrictions of a particular Model apply where they are made available within the Service before a Generation. If confidentiality matters, the User should review that information and must not submit data whose processing by the identified entities they do not accept.
6. Acceptable use
The Service is not intended for adult content. Creating, processing or distributing pornographic or erotic material, or sexualised nudity, is prohibited — including where it depicts adults only, fictional characters or people who do not exist, and regardless of the consent of anyone depicted.
The Service must not be used to create, process or distribute:
- unlawful content or material facilitating crime, fraud, phishing or attacks on systems;
- material sexualising or exploiting minors;
- non-consensual intimate content, sexual violence or other content violating consent;
- content inciting violence, hatred, discrimination or self-harm;
- defamatory, harassing content or material violating privacy, image rights or personal rights;
- material infringing copyright, trade marks, trade secrets or other third-party rights;
- impersonation or material misleading others about its authenticity;
- special-category data unless the Service expressly permits it for a particular function;
- biometric profiling, surveillance or discriminatory decision-making prohibited by law.
The User must not submit the image or personal data of a real person without a required legal basis or consent. Realistic artificially created or manipulated material must be labelled as such where required by law, particularly when a deep fake is published.
Circumventing safeguards or limits, unauthorised security testing, account sharing or resale, and automation outside an official API, if made available, are also prohibited. Additional terms and restrictions of a particular Model prevail for its use if shown before the Generation is placed.
The Acceptable Use Policy (AUP) sets out the detailed rules, examples and boundaries for this section and forms part of these Terms. In the event of any conflict, these Terms prevail.
7. Credits
The Credit cost of a Generation is shown before it is placed. Credits are consumed from the pool with the earliest expiry first, with non-expiring pools used last.
- Plan Credits are allocated monthly, including where an annual Plan is paid in advance.
- Unused monthly allocation may roll into a bank capped at three times the monthly allocation of the relevant Plan. Any amount above the cap expires.
- On a Plan downgrade, the bank is reduced to the cap of the new Plan.
- The Plan Credit bank expires at the end of the paid period when the Plan ends.
- Credits bought in a one-time top-up pack do not expire and are outside the bank cap.
Credits charged for a Generation that fails technically due to the Provider or Model provider are returned to the Account. No return is due merely because correctly delivered Output does not meet subjective expectations. Credits may not be returned where failure was caused by prohibited Input, invalid parameters or the User's material.
8. Plans, automatic renewal and payments
The formal seller and issuer of payment documents is Polar Software, Inc., 3500 South DuPont Highway, Dover, DE 19901, United States, acting as Merchant of Record. Polar handles payment, taxes, invoices, payment refunds and the subscription management portal. The Provider is responsible for operation of the Service.
A Plan is a recurring subscription. A monthly Plan renews each month and an annual Plan renews each year unless the User cancels renewal before the renewal date. Fees are charged in advance at the start of each period. The date, price and period are shown before the order and in the Polar portal.
Cancellation through the customer portal prevents the next renewal and takes effect at the end of the current paid period. Access and Credit allocations continue until then. Non-use of the Service or Credits does not by itself create a right to a refund, subject to consumer rights and cases expressly stated in these Terms.
Regardless of the above, Polar as Merchant of Record reserves the right to refund a payment on its own initiative, within 60 days of the purchase, in order to prevent payment disputes. Such a refund may end the Plan and revoke access to unused Credits from that payment. The Provider does not decide on such a refund and cannot prevent it.
A Plan upgrade may apply immediately with a prorated price and Credit adjustment. A downgrade generally applies from the next period. A failed payment may restrict or suspend the Plan as described by Polar. A one-time Credit pack does not renew.
9. Consumer right of withdrawal
A consumer may withdraw from a distance contract within 14 days by sending an unambiguous statement to support@artiogen.ai, unless a statutory exception applies. Before paid Credits are made available, the consumer is asked to expressly request that performance begin before that period ends and to acknowledge the consequences.
If the consumer withdraws after performance has begun at their express request, they may be required to pay for the proportion performed before withdrawal, as provided by applicable law. Polar processes the payment refund as Merchant of Record. These Terms do not limit statutory remedies for a digital service that does not conform to the contract.
10. Availability and changes to the service
The Provider uses reasonable efforts to maintain the Service but does not guarantee uninterrupted availability or continued availability of every Model. Interruptions may result from maintenance, failures, security needs or Model providers.
The Model catalogue, parameters and Credit rates may change for a valid reason, including changes in law, provider cost or terms, Model withdrawal, security, technical necessity or development of the Service. A rate change does not apply retroactively to a Generation already placed.
A change to a digital service beyond what is needed to maintain conformity will not create an additional cost to a consumer. The Provider will give advance notice on a durable medium of a change materially and negatively affecting access or use and will provide remedies required by law, including a right to terminate where applicable.
11. Reports, moderation and protective action
A violation of rights or these Terms may be reported to support@artiogen.ai by identifying the Account or material, the concern, the basis of the report and information allowing verification. Knowingly false reports are prohibited.
The Provider may use automated and human review as needed for security, report handling and enforcement. It may reject a Generation, restrict access, preserve information, hide or remove material, suspend an Account or notify competent authorities. Action should be proportionate to the violation, risk and legal obligations.
The User must promptly stop disputed use and cooperate with a credible report. Where permitted by law and security, the User will receive reasons for a material decision and may appeal to support@artiogen.ai within 14 days.
12. Suspension, termination and Account data
The Provider may immediately suspend an Account where necessary for security, prevention of illegality, protection of a third party or compliance with law. For a remediable breach, the Provider may first request a remedy. A serious, repeated or irremediable breach may result in Account termination.
The User may request Account closure at support@artiogen.ai. Closure does not reverse completed transactions or create a refund right except as required by law or these Terms. The Privacy Policy describes what happens to data, material, billing records and technical copies after closure.
13. Complaints
A complaint about the Service may be sent to support@artiogen.ai with the Account, description, requested resolution and information needed for verification. The Provider responds within 14 days. Complaints about the payment, invoice or payment refund may need to be handled by Polar.
14. Liability
The User is responsible for Input, required rights and consents, and the manner in which Output is used. The Provider is responsible for performance of the Service under applicable law.
Additional rules for business Users. For a User who is neither a consumer nor a sole trader entitled to consumer protection, the Service, Models and functions expressly marked as test or beta are supplied in their then-current technical condition. To the fullest extent permitted by law, the Provider gives no additional warranty of uninterrupted operation, continued availability of a particular Model, Generation time, fitness of Output for the User's business, or the availability or enforceability of intellectual-property rights in Output.
A business User must not rely exclusively on Output, without independent verification, for a legal, medical, financial, safety or other high-risk decision. The Provider is not responsible for a decision made by the User or for the modification, suspension or withdrawal of an external Model or service, subject to the Provider's own obligations that applicable law or these Terms do not exclude.
The Provider's aggregate liability to a business User for all events relating to the Service is limited to fees actually paid by that User during the 12 months preceding the event. It excludes lost profits or revenue, loss of data, reputational loss, business interruption, the cost of a substitute service, and indirect or consequential loss, even where the possibility was known.
A business User will cover reasonable, documented third-party claims and costs resulting from that User's unlawful Input or use of Output, provided the Provider promptly gives notice, permits participation in the defence and does not enter a settlement imposing an obligation on that User without consent. This does not cover the part caused by the Provider's violation of law or these Terms.
In relation to a business User, the Provider is also not liable for delay or non-performance caused by an event beyond its reasonable control, including failure of external infrastructure, networks or a provider, a cyberattack, disaster, government action or a change in law, where it took reasonable steps to mitigate the effects and resume performance.
The limitations do not apply to intentional damage or liability that cannot be limited. They do not restrict mandatory consumer rights.
15. Personal data and providers
The Privacy Policy describes personal data processing. A Generation requires Input and parameters to be sent to an external provider. The User must not place special-category data in Input. Secrets or third-party data may be submitted only with an appropriate legal basis and acceptance of the provider's rules.
16. Changes to these Terms
The Provider may amend these Terms for a valid reason, including changes in law, functionality, providers, prices, security risk or billing model. After customer service begins, the Provider will notify Users of a material change by email and within the Service at least 14 days before it takes effect, unless law or urgent security requires a different period.
A User who does not accept the change may terminate before it takes effect. Where a change materially and negatively affects a paid service, the User retains any right to a prorated refund and other remedies provided by law. A new version does not retroactively alter completed acts.
17. Governing law and disputes
These Terms are governed by Polish law. This choice does not deprive a consumer of protection under mandatory provisions of the country of their habitual residence.
Consumer disputes are heard by a court having jurisdiction under applicable law. Information on available out-of-court consumer dispute resolution may be obtained from the competent consumer ombudsman or consumer protection authority. Disputes with a User who is neither a consumer nor a sole trader protected as a consumer are heard by the court having jurisdiction over the Provider's registered office.