Last updated: 2026-09-22
Version dated 16.09.2026. IMPORTANT NOTICE. THE SITE AND THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. Content is generated by third-party models. We do not develop those models, we do not control them and we are not responsible for them. We do not warrant the availability of the Service, the completion of any particular job, the quality, accuracy or uniqueness of images, the absence of infringement of third-party rights, or the permissibility of using images for your purposes and in your jurisdiction. Claims relating to the operation of the models and to the content of images are to be brought directly against the relevant model provider.
1.1. The following terms are used in the Agreement, whether in the singular or the plural: Service – the moonez.ai generative artificial intelligence platform and the application programming interface (API) made available through it, by which Jobs are received and processed. Dashboard – the restricted area of the Site available to the User after authentication, displaying information about the Account, API keys, the state of settlements and Jobs. Account – the set of information about the User held in the Service that identifies the User and gives access to the Dashboard. API key – the unique sequence of characters used to authenticate the User’s requests to the Service. Job – a request for the generation of an image, video, text, audio or other content, with the parameters specified by the User, submitted by the User through the API. Job log – the area of the Dashboard containing information on the parameters of submitted Jobs. Input – text prompts, images, parameters and other materials submitted by the User to the Service. Output – an image, video, text, audio or other content generated pursuant to a Job submitted by the User. Model Providers – third parties supplying the machine learning models by which Outputs are generated. Balance – the accounting unit reflecting the state of the User’s settlements: a positive Balance corresponds to prepayment made and not yet spent, and a negative Balance – to the amount owed for services rendered. Credit Limit – the maximum negative Balance up to which the Operator permits services to be rendered before payment. Reserve – the amount of the price of a Job held from the moment the Job is accepted for processing, reducing the funds available to the User until the Reserve is charged or released. Trial limit – the ability, granted by the Operator free of charge, to submit Jobs in a limited volume and for a limited period. Price List – the prices for Jobs displayed in the interface of the Service. API Documentation – the technical description of the Service published by the Operator, including methods, Job parameters, response codes and limits. Client – a User submitting Jobs through the API. In the Supplementary Documents the terms "User" and "Client" are used interchangeably unless the context requires otherwise. Supplier – a legal entity or sole trader supplying the Operator with credentials for access to the models of the Model Providers under a separate agreement. Platform – the Service. The terms "Platform" and "Service" are used interchangeably in the Supplementary Documents. Supplementary Documents – the Price List, the API Documentation and the Privacy Policy published on the Site.
1.2. Terms not defined in this Section have the meaning that follows from applicable law. Section headings are for convenience only and do not affect the interpretation of the Agreement. The words "including", "in particular" and "such as" do not limit the provisions that precede them.
2.1. These Terms of Service (the Agreement) apply to your access to, and use of, the websites and the generative artificial intelligence platform provided by Moonez Corp., a company incorporated under the laws of the Republic of Panama, registered office 55th Street East, SL55 Building, 21st Floor, Office 3, Panama City, Republic of Panama (the Operator, "we", "us", "our"). The Operator’s websites are referred to below as the Site, the platform together with the application programming interface made available through it – as the Service, and any person accessing or using the Site or the Service – as the User ("you", "your").
2.2. The Agreement is deemed concluded upon your performance of any of the following actions: using the Site; ticking the box indicating agreement with the Agreement upon registration; obtaining an API key; submitting the first request to the API of the Service. Performing any of these actions means that you have read the Agreement, understood it and accept it in full. If you do not agree with the Agreement, do not use the Site or the Service.
2.3. The Agreement contains provisions on the disclaimer of warranties, on the limitation of the Operator’s liability, on the granting of deferred payment terms and on the consequences of late payment. By accepting the Agreement, the User confirms that it has read those provisions, understands their meaning and accepts the risks associated with them.
2.4. The Supplementary Documents form an integral part of the Agreement. In the event of a conflict between the Agreement and the Supplementary Documents, the Agreement prevails unless it expressly provides otherwise.
3.1. The Operator provides the User with access to an application programming interface (REST API) enabling the submission of content generation Jobs, the routing of jobs, retries in the event of technical failures, the delivery of outputs and the accounting of settlements.
3.2. Access to the generation functionality is provided solely by programmatic means, through the API. The Service does not provide a web interface for creating jobs, and the absence of such an interface does not constitute a defect of the Service.
3.3. The Operator does not develop, train or host machine learning models. Generation is performed by third-party models (the Model Providers). The Operator acts solely as a technical intermediary providing job routing and settlement.
3.4. The names of models and pricing configurations shown in the interface of the Service are internal designations of the Operator. Their use does not indicate that the corresponding models belong to the Operator and does not create any rights of the User in respect of the models.
3.5. The Operator is not a partner, agent, reseller, authorised distributor or otherwise affiliated person of the Model Providers, unless expressly stated otherwise on the Site. References to third-party names are descriptive only; trademarks belong to their respective owners.
3.6. The availability, quality and speed of generation, and the fact of its performance, depend on the Model Providers and other third parties. The Operator does not control their activities and is not responsible for their acts or omissions, for any change by them of the terms of access, or for the restriction or termination of such access.
3.7. The Operator may, unilaterally and without prior notice, change the range of available models, replace a model with a functionally comparable one, change routing parameters, introduce and withdraw pricing configurations, and set and change technical limits. Discontinuation of support for an individual model does not constitute a breach of the Agreement.
3.8. The Service is not a data storage or backup facility, a payment system, an electronic wallet, a money transfer facility, or a means of providing advisory or other professional services.
4.1. In order to use the Service, the User creates an account.
4.2. The User is issued an API key and may be granted a trial limit. The trial limit is granted free of charge, does not constitute funds, is not refundable, withdrawable or exchangeable, is valid for 7 calendar days and may be revoked by the Operator at any time.
4.3. The API key is confidential information. The User must keep it secure, must not disclose it to third parties and must not place it in publicly accessible repositories, client-side code or correspondence.
4.4. Any job received using the User’s API key is deemed to have been submitted by the User, gives rise to a payment obligation and may not be disputed on the ground that it was submitted by an unauthorised person. This clause does not apply to jobs the submission of which was caused by a breach of the Agreement by the Operator.
4.5. If the API key is compromised, the User must immediately revoke it in the dashboard and notify the Operator. The Operator does not recalculate charges for jobs executed before the key was revoked.
4.6. The User may provide access to the functionality of the Service to its own customers and end users as part of the User’s product. In that case the User must: - ensure that such persons accept terms of use no less strict than those set out in Section 6; - ensure their compliance with those terms; apply the age verification measures required by applicable law; - cooperate with the Operator in preventing violations. The User is responsible for the acts of such persons as for its own.
4.7. The creation of accounts for the purpose of circumventing restrictions or blocks, obtaining a repeat trial limit, or evading payment obligations is prohibited.
4.8. The Operator may limit the models and operations available under an individual API key. Permissions are set when the key is created and are displayed in the Dashboard. A Job addressed to a model not covered by the key’s permissions is rejected and does not constitute a service.
4.9. Access to the API is granted only from the IP addresses added by the User to the allowed list in the Dashboard. Until at least one address has been added, requests to the API are rejected. Maintaining and updating that list is the User’s responsibility; requests from other addresses are rejected, and such rejection does not constitute a failure of the Service.
4.10. To receive event notifications the User may register endpoints available over HTTPS in the Dashboard. The User is responsible for the availability and security of the endpoint and for the correct processing of notifications on its side. Non-delivery of a notification for reasons on the User’s side does not affect the fact that the service has been rendered or the obligation to pay for it.
4.11. The Operator may at any time request from the User documents and information confirming identity, legal status, the authority of its representative, the source of funds and the nature of its use of the Service. Pending provision of the requested documents, the Operator may suspend access and bring the Credit Limit to zero.
5.1. The dashboard provides the User with API key management, settlement information (current indebtedness, Credit Limit, amounts under Reserve, transaction history), job processing statistics and the job log.
5.2. The job log contains information on the parameters of submitted jobs and is retained for the entire period of use of the Service.
5.3. The generated Output is available for download within 4 hours from the moment it is generated; the download link is valid for 4 hours. Input files submitted by the User are stored for 4 hours. Upon expiry of these periods, the files are irreversibly deleted and cannot be restored.
5.4. Upon expiry of the periods set out in clause 5.3, the job log retains only information on the parameters of the job. Input and output files are not retained in the job log and are not made available to the User.
5.5. The Operator does not provide data storage services and does not warrant the preservation of Output files. Timely saving of the outputs the User requires is the User’s sole responsibility. Loss of files due to expiry of the retention period does not constitute a breach of the Agreement and does not give rise to any refund.
5.6. The records contained in the Operator’s accounting system constitute proper and sufficient evidence of the volume of services rendered, the composition of jobs and the state of settlements.
6.1. The User undertakes not to use the Service to create, process or distribute material that: (a) contains sexualised images of minors or otherwise exploits minors, in any form and for any purpose; (b) is pornographic or sexually explicit, where this is prohibited by the terms of the Model Providers; (c) depicts real persons without their consent, including in the form of synthetic images creating a false impression as to the acts or statements of that person; (d) infringes third-party intellectual property rights, including the deliberate reproduction of protected characters, works, trademarks and elements of trade dress; (e) incites violence, terrorism, extremism, discrimination or self-harm; (f) constitutes forged documents, payment instruments or means of identification; (g) violates the applicable law of any jurisdiction affected by the use of the Service.
6.2. The User undertakes not to attempt to circumvent technical restrictions and safety filters, not to perform acts creating excessive load, not to decompile or reverse engineer the Service, and not to use generation outputs to train competing models where this is prohibited by the terms of the Model Providers.
6.3. The User may not use the Service as part of products directed at minors or likely to be accessed by them, and may not provide access to the functionality of the Service to persons under 18 years of age.
6.4. The User may not use the Service, or provide access to its functionality, in jurisdictions in which the use of the models is not permitted by the terms of the Model Providers. Verification of the permissibility of using the Service in the jurisdiction of end users rests with the User.
6.5. The User must independently review and comply with the terms of use and policies of the Model Providers. Those terms apply to the User directly and may contain stricter requirements; in the event of a conflict, the stricter requirement applies.
6.6. The Operator may, but is not obliged to, moderate jobs and outputs and to reject jobs at its discretion.
6.7. The Operator may restrict the User’s access to individual models, reduce processing limits or reject particular categories of jobs where the Operator has reasonable grounds to believe that the User’s use of the Service will result in a breach of the terms of the Model Providers. The exercise of this right does not require an established breach and does not constitute a breach of the Agreement.
6.8. The rejection of a job on the grounds set out in this Section does not constitute a technical failure, does not result in the release of the Reserve and does not relieve the User of the obligation to pay where the job has been accepted for processing.
7.1. For the purposes of the Agreement: Input means text prompts, images, parameters and other materials submitted by the User to the Service; Output means an image, video, text, audio or other content generated pursuant to a Job submitted by the User.
7.2. The User retains all rights in the Input and represents that it holds all rights necessary for its submission and processing, including rights obtained from its own customers and end users.
7.3. The User grants the Operator a non-exclusive, royalty-free licence to use the Input and the Output solely to the extent necessary to perform the Agreement: transmission to the Model Providers, processing, temporary storage, security, dispute resolution and compliance with applicable law.
7.4. The Operator asserts no rights in the Outputs and passes to the User such scope of rights as the Operator itself holds under the terms of the Model Providers. The legal status of the Output is determined by the terms of the Model Providers and by applicable law.
7.5. The Operator expressly does not represent or warrant that: (a) the Output is a work protected by copyright; (b) the User acquires an exclusive right in the Output; (c) the Output is unique and does not coincide with outputs obtained by other persons; (d) the Output does not infringe third-party rights; (e) the commercial use of the Output is permissible in the jurisdiction of the User or of its end users.
7.6. Verification of the lawfulness of the use of the Output is the User’s responsibility.
7.7. The User is on notice of and accepts that the Service operates using third-party products and services in respect of which the Operator does not and cannot provide any warranties. The Operator does not represent that the models, infrastructure and data used by the Model Providers have been created, trained and are provided without infringement of third-party rights, and gives no representation as to the compliance of the Model Providers’ activities with applicable law. The Operator recommends that the User independently verify Outputs for the absence of infringement of third-party rights, including by human review, before using them or passing them to end users.
8.1. Payment for the services is made by either of the following methods: (a) advance top-up of the balance (prepayment); (b) payment after the services are rendered, within the Credit Limit (post-payment).
8.2. The methods available to the User are determined by the Operator and displayed in the dashboard. The methods may apply concurrently.
8.3. Balance – the accounting unit reflecting the state of the User’s settlements. A positive balance corresponds to prepayment made and not yet spent, a negative balance – to the amount owed for services rendered. The Balance does not constitute funds or electronic money, no interest accrues on it, and it may not be used for settlements with third parties.
8.4. Charges are applied first against any positive balance. Where the positive balance is insufficient, settlements continue within the Credit Limit and the balance becomes negative.
8.5. At the moment a job is accepted for processing, the price of the job is placed on hold (the Reserve) against the positive balance and, where that is insufficient, against the available Credit Limit. The Reserve reduces the funds available to the User but does not give rise to a payment obligation until the circumstances set out in clause 8.6 occur.
8.6. Upon successful generation of the Output, or in the cases set out in clause 6.8, the amount of the Reserve is charged.
8.7. The Reserve is released automatically, without any application by the User, and no payment obligation arises, where the job is not completed as a result of: a technical failure of the Service; a refusal, unavailability or restriction of access on the part of a Model Provider, including the expiry or revocation of the access credentials used by the Operator; an unrecoverable error after the prescribed retries have been exhausted; or the exceeding of the maximum processing time.
8.8. Where the access channel in use becomes unavailable, including upon the expiry or revocation of the access credentials used by the Operator, the Operator resubmits the job using another available channel or a functionally comparable model. Retries are not charged for: for each job the User pays for no more than one successful generation. The number, interval and maximum duration of retries are determined by the Operator and may change.
8.9. The service is deemed duly rendered at the moment the Output has been generated and made available to the User by link, or the webhook notification has been dispatched to the address specified by the User. Any subsequent unavailability of the User’s endpoint, errors on the User’s side, or the non-receipt or untimely processing of the notification do not affect the fact that the service has been rendered or the obligation to pay for it.
8.10. The subject matter of the service is the processing of a job and the delivery of the generated Output, and not the achievement of any particular artistic, semantic or commercial result. The non-conformity of an Output with the User’s expectations, intent, style or specification does not constitute a defect of the service, does not result in the release of the Reserve and does not relieve the User of the obligation to pay.
8.11. The price of a Job is determined by the model selected and the billing unit applicable to it — per generation, per resolution, per unit of processed volume (tokens) or per second of generated video — and by the other parameters of the Job, and is displayed in the interface of the Service – in the dashboard and in the API Documentation. The price in force is the price displayed in the interface of the Service at the moment the job is accepted for processing. Prices may be set individually for particular Users; a difference in price does not give rise to any right to demand the application of terms granted to other Users.
8.12. The Operator may change prices by publishing the change in the interface of the Service. Amended prices apply to jobs accepted for processing after the change takes effect and do not result in the recalculation of jobs already completed.
9.1. Credit Limit – the maximum negative balance up to which the Operator permits services to be rendered before payment. The amount of the Credit Limit is set by the Operator unilaterally and is displayed in the dashboard.
9.2. The granting of a Credit Limit constitutes commercial credit in the form of deferred payment and does not constitute a loan, credit facility or any banking operation. No interest accrues for the deferral, save in the case set out in clause 10.5.
9.3. The granting of a Credit Limit is a right and not an obligation of the Operator. The Operator may at any time, unilaterally, without giving reasons and without prior notice, set, change, reduce, suspend or bring to zero the Credit Limit, require a switch to prepayment, or require the provision of security.
9.4. A reduction or zeroing of the Credit Limit does not affect jobs accepted for processing before that change and does not constitute a breach of the Agreement.
9.5. Once the Credit Limit is exhausted, taking into account amounts under Reserve, the acceptance of new jobs is suspended automatically until the indebtedness is settled, the balance is topped up or the limit is increased. The Operator may disable automatic suspension for particular Users; in that case jobs continue to be accepted and amounts exceeding the Credit Limit are included in the indebtedness on general terms.
9.6. The User must monitor the state of its balance and the available Credit Limit itself. The Operator is under no obligation to notify the User of the approach to the limit; any notifications sent are informational and do not give rise to any obligation of the Operator.
10.1. A negative balance must be settled within 21 calendar days of the date on which it arose. The date on which a negative balance arose is the date of the first charge as a result of which the balance became negative. Bringing the negative balance to zero or to a positive figure stops the running of that period; if the balance subsequently becomes negative again, the period runs afresh.
10.2. The User may settle its indebtedness at any time before the expiry of the period set out in clause 10.1. The amount of the indebtedness and the date by which it must be settled are displayed in the dashboard.
10.3. The payment obligation arises at the moment of the charge and does not depend on the issue of an invoice. The issue of an invoice is not a condition for the payment obligation to arise and does not alter the period set out in clause 10.1.
10.4. The payment obligation is deemed performed upon crediting of the funds to the Operator’s account or upon the Operator’s receipt of confirmation of the transfer on the blockchain. Bank, network and commission costs associated with making a payment are borne by the User; where a lesser amount than that due is received, the difference remains the User’s indebtedness.
10.5. Upon expiry of the period set out in clause 10.1, interest accrues on the unsettled amount at the rate of 0.1 % for each day of delay, up to a maximum of 10 % of the outstanding amount. Interest is charged upon the Operator’s demand; the absence of a demand does not constitute a waiver of the right.
10.6. Where there is overdue indebtedness, the Operator may, without prior notice, suspend the acceptance of jobs, revoke API keys and bring the Credit Limit to zero. Suspension does not relieve the User of the obligation to pay the indebtedness and interest.
10.7. The Operator may demand early settlement of the entire indebtedness, including amounts not yet due, where settlement is more than 21 days overdue, where any representation of the User is found to be inaccurate, or where either Party terminates the Agreement.
10.8. The Operator may unilaterally set off any amounts owed by the Operator to the User against the User’s indebtedness.
10.9. Incoming payments discharge obligations in the following order: the Operator’s costs of obtaining performance; interest; indebtedness that arose earlier; indebtedness that arose later. Any different payment allocation instruction given by the User is disregarded.
10.10. Acceptance certificates, invoices and other documents confirming the rendering of services are provided by the Operator upon the User’s written request within [10] business days of receipt of the request. The failure to provide such documents in the absence of a request does not constitute a breach of the Agreement and does not affect the fact that the services have been rendered or the obligation to pay for them.
10.11. In the absence of reasoned objections within 30 days of the date of the relevant transaction, the services are deemed accepted by the User in full and any unilateral acceptance certificate, if drawn up, is deemed signed. в течение 5 рабочих дней с даты получения документов, предусмотренных пунктом 10.10
10.12. Prices are stated exclusive of applicable taxes. Any tax assessment and payment obligations arising for the User in connection with the use of the Service, and any withholding agent obligations arising under applicable law, are discharged by the User itself.
11.1. Payment is made by bank transfer, by transfer in cryptocurrency or by any other method agreed by the Parties.
11.2. The Operator is not a payment agent and does not carry on the business of accepting payments on behalf of third parties. Fiat payments may be accepted by a person authorised by the Operator; in that case the name and details of that person are stated in the invoice, and the User’s obligation is deemed performed upon crediting of the funds to that person.
11.3. The User is solely responsible for the correctness of the network, address, asset and amount of a cryptocurrency transfer. Blockchain transactions are irreversible. Funds sent to an incorrect address, in an unsupported network, in an unsupported asset, or without the required payment identifier, may be irretrievably lost; the Operator has no technical ability to recover them and bears no liability for such loss.
11.4. The conversion rate is determined as at the moment set by the payment provider. Exchange rate differences are not compensated and do not constitute grounds for recalculating the indebtedness. The risk of a change in the rate before crediting is borne by the User.
11.5. The Operator may refuse to accept a payment or return funds received where there are indicia of a breach of anti-money laundering and counter-terrorist financing legislation or of sanctions restrictions, or where the payer cannot be identified.
11.6. The list of supported cryptocurrency assets and networks is displayed in the interface of the Service and may change. A separate deposit address is generated for each top-up; funds are credited automatically once the transaction is confirmed in the relevant network. Funds sent to the address of a different top-up, in an unsupported asset or in an unsupported network are not credited.
12.1. No refund is made in respect of services actually rendered.
12.2. In particular, no refund is made in respect of: successfully completed jobs, including where the Output does not meet the User’s expectations (clause 8.10); jobs rejected on the grounds set out in Section 6; jobs executed using a compromised API key (clause 4.4); jobs submitted as a result of the User’s integration errors, including duplicate requests and requests with incorrect parameters; and files lost upon expiry of the retention period (clause 5.5).
12.3. Funds contributed by the User by way of prepayment and not spent on payment for services (a positive balance) are credited towards payment for subsequent jobs. The Operator may cancel any positive balance not used within 365 days of its receipt.
12.4. An unspent positive balance is refunded on the basis of the User’s written application within 30 days of its receipt, less the value of services actually rendered, accrued interest, bank and network fees and other documented costs of the Operator. Funds received in cryptocurrency are not refunded, save in the case set out in clause 12.5.
12.5. A payment made in error is refunded in full provided that the refund application is sent to the Operator within 24 hours of the payment and the funds received have not been applied to the payment for services.
12.6. Amounts credited as a trial limit, bonuses, promotional credits or other gratuitous grants are not refundable, withdrawable or convertible into money.
13.1. The Agreement takes effect upon its conclusion and remains in force for the entire period during which the User uses the Site or the Service – until terminated in accordance with Section 14.
13.2. Temporary non-use of the Service, the absence of submitted jobs and a zero balance do not terminate the Agreement.
13.3. Termination of the Agreement does not affect the User’s obligations to pay indebtedness and interest that arose before termination, nor the provisions on confidentiality, on rights in Outputs, on limitation of liability, on indemnity and on dispute resolution, which survive in accordance with clause 14.6.
13.4. The Service does not operate recurring charges, automatic balance top-ups or subscription plans, and no paid period is automatically renewed. Should any such arrangements be introduced, they will be activated solely on the basis of the User’s separate express consent and with the ability to cancel at any time in the dashboard.
14.1. The User may terminate the Agreement at any time. To do so it is sufficient to settle the indebtedness in full and to stop submitting jobs. No further notice to the Operator is required.
14.2. The User may also revoke its API keys and initiate deletion of its account in the dashboard or by sending notice to [email protected]. The revocation of keys and the deletion of the account do not discharge the obligation to pay indebtedness incurred before those actions.
14.3. Where indebtedness remains outstanding, the Agreement remains in force as regards monetary obligations until it is settled in full, irrespective of the cessation of use of the Service, the revocation of keys or the deletion of the account.
14.4. The Operator may terminate the Agreement: (a) upon 20 days’ notice to the User – without giving reasons; (b) with immediate effect – in the event of a breach by the User of Section 6, the inaccuracy of any representation, settlement being more than 90 days overdue, failure to provide documents and information requested by the Operator, or the discontinuation of the Service.
14.5. Upon termination of the Agreement, access to the API and the dashboard ceases, API keys are revoked and files are deleted within the periods set out in clause 5.3. Any positive balance is refunded in accordance with clause 12.4.
14.6. Sections 7, 10, 12, 16, 17, 18, 19, 23 and 24 survive termination of the Agreement.
15.1. The Operator may immediately and without prior notice suspend the User’s access to the Service in any of the following circumstances: overdue indebtedness; exhaustion of the Credit Limit; suspected breach of Section 6; suspected compromise of the account; anomalous load patterns; a demand from a Model Provider, a payment provider or a competent authority; failure to provide information requested by the Operator.
15.2. Suspension does not constitute a breach of the Agreement, does not give rise to any liability of the Operator and does not suspend the running of time for the performance of the User’s monetary obligations.
16.1. The Service is provided on an "as is" and "as available" basis.
16.2. To the maximum extent permitted by applicable law, the Operator disclaims all warranties – whether express, implied or arising from a course of dealing – including warranties of quality, fitness for a particular purpose, merchantability, non-infringement of third-party rights and operability.
16.3. In particular, the Operator does not warrant that: the Service will be available continuously, in a timely manner and without failures; that any particular job will be completed; that the Output will meet the User’s expectations, intent or specification; that the Output will be unique, accurate, safe or reproducible upon a repeat request with identical parameters; that the Output does not infringe third-party rights; that any particular model will remain available; that performance metrics will correspond to those previously achieved; or that identified defects will be remedied within any particular period.
16.4. The metrics presented on the Site and in marketing materials, including average processing times and availability figures, are indicative only, reflect retrospective observations and do not constitute a warranty, a representation or a term of the Agreement. Binding service level commitments (SLA) apply only where expressly agreed in a separate written contract.
16.5. Generative models are non-deterministic. An Output may contain distortions, factual inaccuracies, image, video or audio defects, undesirable or offensive content, and elements similar to existing works. The User accepts this risk. Outputs must not be used in situations in which an error may cause harm to life, health or safety, or significant property or reputational damage, without independent human review.
16.6. The Operator may suspend the operation of the Service for maintenance, updates and security purposes. Such suspensions do not constitute a breach of the Agreement.
16.7. Where a Model Provider or any other third party restricts, suspends or terminates the Operator’s access to the models, the Operator may suspend or discontinue the provision of services. In that case the Operator’s obligations are limited to ceasing to charge for uncompleted jobs and releasing the corresponding Reserves. No other losses are recoverable.
16.8. The Operator provides no warranties of its own in respect of the models and does not pass on to the User any warranties of the Model Providers. Any warranties, representations and undertakings in respect of the models, where given, are given directly by the Model Providers and apply on the terms established by them.
16.9. Claims relating to the content, quality or legal status of an Output, to the operation of the models or to the consequences of their use are to be brought directly against the relevant Model Provider in accordance with its terms. The Operator is not a party to the relationship between the User and a Model Provider, does not act as the User’s representative and assumes no obligation to bring, pursue or settle such claims.
16.10. The sole consequence arising on the Operator’s side from the non-completion of a job is the release of the Reserve in accordance with clause 8.7. No other remedies against the Operator are available on grounds relating to the operation of the models or the content of Outputs.
16.11. The Operator provides the User with no indemnity in respect of third-party claims of intellectual property infringement by Outputs. The lists of circumstances set out in this Section are not exhaustive.
16.12. This Section does not exclude the Operator’s liability for wilful misconduct or in any other case in which the exclusion of liability is not permitted by mandatory provisions of applicable law.
17.1. To the maximum extent permitted by applicable law, the Operator is not liable for loss of profit, loss of data or Outputs, loss of goodwill, interruption of the User’s business, claims of the User’s customers and end users, or for indirect, incidental or special damages, whether or not the Operator was aware of the possibility of their occurrence.
17.2. The Operator’s aggregate liability for all claims arising out of the Agreement is limited to the amount actually paid by the User to the Operator over the [3] months preceding the circumstance giving rise to the claim.
17.3. At the Operator’s discretion, compensation may be provided by way of a reduction of the User’s indebtedness or by crediting the corresponding amount to its balance.
17.4. The Operator is not liable for the acts and omissions of the Model Providers or of payment, hosting and network providers; for the content of Input and Output and the consequences of their use; for the User’s integration errors; for the User’s infringement of third-party rights; for the unavailability of the User’s endpoint; for the loss of files upon expiry of the retention period; or for the loss of funds resulting from an incorrect cryptocurrency transfer.
17.5. The limitations set out in this Section are a material term on the basis of which the price of the services and the settlement terms have been determined, and apply irrespective of the legal basis of the claim.
18.1. The User represents that it has legal capacity and the necessary authority; that the information it has provided is accurate; that it holds the rights in the Input; that its use of the Service does not violate applicable law or the rights of third parties; that it is not subject to sanctions restrictions and does not act in the interests of persons subject to such restrictions; and that the funds used for settlements have been obtained lawfully.
18.2. The User undertakes to indemnify the Operator against documented losses, including reasonable legal fees, penalties and payments to third parties, arising from: the User’s breach of the Agreement; third-party claims in connection with the Input or the use of Outputs; claims of the User’s customers and end users; the User’s breach of the terms of the Model Providers; or the inaccuracy of the representations set out in clause 18.1.
18.3. The Operator notifies the User of any claim received within a reasonable time and may involve the User in the defence.
19.1. Personal data is processed in accordance with the applicable law of the Republic of Panama, including Law 81 of 26 March 2019 on the protection of personal data and Executive Decree 285 of 28 May 2021, and with the Privacy Policy at [LINK].
19.2. The Operator does not purposefully collect personal data of the User or its employees beyond the information minimally necessary to create an account, maintain settlements and send notices.
19.3. Input is transmitted to the Model Providers and processed on their infrastructure, which may be located outside the Republic of Panama and outside the User’s country.
19.4. The User undertakes not to submit to the Service personal data of third parties, special categories of personal data or biometric data, or information constituting a legally protected secret, in the absence of a lawful basis for their transfer and processing. In respect of any personal data contained in the Input, the User acts as the person determining the purposes and means of processing.
19.5. Each Party undertakes not to disclose to third parties the terms of any individual arrangements, including the amount of the Credit Limit and individual prices, save in the cases provided for by applicable law.
19.6. The infrastructure of the Service automatically records technical information about network requests to the API and the Dashboard, including the source IP address, request identifiers, timestamps and response codes. That information is processed for the purposes of information security, fault diagnosis, prevention of abuse and compliance with applicable law; its retention periods are set out in the Privacy Policy.
20.1. The Parties are released from liability for failure to perform their obligations as a result of circumstances of force majeure, including natural disasters, hostilities, acts of public authorities, sanctions restrictions, mass failures of communications and power networks, cyberattacks, and the termination, suspension or material change of the terms of access on the part of the Model Providers and other key suppliers.
20.2. This release from liability does not extend to the User’s monetary obligations that arose before the onset of the circumstances of force majeure.
20.3. Where circumstances of force majeure continue for more than [60] days, either Party may terminate the Agreement, with final settlement to be effected.
21.1. The Operator may unilaterally amend the Agreement and the Supplementary Documents. The new version is posted on the Site with an indication of its effective date.
21.2. Amendments affecting the settlement terms, the terms of the Credit Limit, the liability of the Parties or the dispute resolution procedure take effect no earlier than 7 days after notice to the User by email and in the dashboard. Other amendments take effect upon posting.
21.3. The submission of a job after the amendments take effect constitutes the User’s agreement to the new version. If the User does not agree, it may terminate the Agreement in accordance with Section 14.
22.1. Notices are sent to the email address specified by the User upon registration and/or posted in the dashboard. A notice is deemed received on the business day following its dispatch, irrespective of whether it has in fact been read.
22.2. User enquiries are to be sent to [email protected]. The response time is up to 5 business days. Information about support published on the Site does not constitute a warranty as to response times or the remedying of faults.
22.3. Before referring a dispute to arbitration, a Party must send the other Party a written claim. The period for consideration of a claim is 30 days from its receipt.
23.1. Rights in the Service, the software, the documentation, the design and the means of individualisation belong to the Operator or its licensors. The User is granted a non-exclusive, non-transferable, revocable licence to use the API solely for the purposes contemplated by the Agreement and for its term.
23.2. The User may not transfer its rights and obligations under the Agreement to third parties without the Operator’s prior written consent. The Operator may transfer its rights and obligations under the Agreement upon a reorganisation or a disposal of the business, upon notice to the User. The Operator may assign the right to claim payment to a third party without the User’s consent.
24.1. The Agreement and the relations of the Parties arising in connection with it are governed by the law of the Republic of Panama, without regard to its conflict of laws rules.
24.2. All disputes, controversies and claims arising out of or in connection with the Agreement, including those relating to its conclusion, validity, amendment, performance and termination, that have not been resolved in accordance with clause 22.3, shall be finally settled by arbitration administered by the Conciliation and Arbitration Centre of Panama (Centro de Conciliación y Arbitraje de Panamá) at the Chamber of Commerce, Industries and Agriculture of Panama, in accordance with its Arbitration Rules. The seat of arbitration is Panama City, Republic of Panama. The language of the arbitration is English. The number of arbitrators is one. The arbitration shall be at law (arbitraje en derecho).
24.3. The arbitral award is final and binding on the Parties. This arbitration clause survives the invalidity or termination of the Agreement.
24.4. This Section does not limit the Operator’s right to apply to a competent state court for interim measures or for the recovery of undisputed indebtedness for services rendered.
24.5. The Parties waive the resolution of disputes by way of class actions.
25.1. The invalidity of any individual provision of the Agreement does not render the Agreement invalid as a whole; an invalid provision is replaced by the provision closest in meaning and permissible under applicable law.
25.2. The Operator’s failure to exercise any right does not constitute a waiver of that right.
25.3. The Agreement and the Supplementary Documents constitute the entire agreement of the Parties as to its subject matter and supersede any prior arrangements.
25.4. The Agreement does not create any agency, partnership, joint venture or employment relationship between the Parties.
Last updated: 16.09.2026.
1.1. The person responsible for data processing on the “moonez.ai” Platform (hereinafter the “Platform”), accessible via the website at: https://moonez.ai/ (hereinafter the “Website”), is Moonez Corp., a company incorporated and operating under the laws of the Republic of Panama (hereinafter also the “Operator”, “we”).
1.2. This Policy describes what personal data the Operator collects in the course of operating the Platform, for what purposes and on what legal grounds it processes such data, to whom it discloses it, how long it retains it, and what rights Users have.
1.3. This Privacy Policy sets out our current policy and commitments regarding data protection and privacy. Accordingly, we strive to collect and process only such data as is strictly necessary in the context of our relationship with Platform Users in order to provide services for specific and lawful purposes.
1.4. By accessing and using the Platform, you confirm that you have read, understood and agree to this Privacy Policy.
1.5. This Policy forms an integral part of the User Agreement published on the Platform. The User’s continued access to and use of the Platform constitutes the User’s acceptance of this Policy. If the User does not accept the terms set out in this Policy, the User must immediately stop using the Platform.
1.6. We publish the most recent version of our Policy. The Operator reserves the right, at its sole discretion, to amend this Policy at any time by publishing an updated version of the Privacy Policy and, where the changes are material, by notifying users thereof. The amended or updated version of this Privacy Policy shall take effect upon its publication on the Platform.
2.1. Personal Data – any information relating to an identified or identifiable natural person.
2.2. Service – the moonez.ai generative artificial intelligence platform and the application programming interface (API) provided as part thereof, which enable the receipt and processing of Jobs.
2.3. Job – a request for the generation of an image, submitted by a Client via the API with the parameters specified by the Client.
2.4. Client – a legal entity that uses the Platform to submit Jobs for image generation. 1
2.5. Supplier – a legal entity that places API keys to AI services on the Platform in order to make them available to Clients.
2.6. Model Provider – third parties that provide the machine learning models by means of which Results are generated.
2.7. API Key – a unique sequence of characters used to authenticate Client requests to the Service.
2.8. Input Data – text prompts, images, parameters and other materials submitted by a Client to the Service.
2.9. Result – an image generated under a Client’s Job.
2.10. Other capitalized terms used in this Policy have the meanings given to them in the Platform’s User Agreement (hereinafter the “User Agreement”, the “Agreement”), unless expressly provided otherwise by this Policy.
The Platform provides access to an application programming interface (REST API) that enables the receipt of image generation jobs, task routing, retries in the event of technical failures, delivery of results, and accounting of settlements. The Platform routes a request to the Model Provider’s model using API Keys acquired from Suppliers.
4.1. When a User creates an Account on the Platform, the Operator may receive and process the following categories of data:
4.1.1. Data provided by the User (including upon registration on the Platform): ● surname, first name, patronymic (if any); ● email address; ● phone number; ● any other information that the User chooses to provide (for example, data contained in support requests).
4.1.2. Technical data that the Operator collects automatically. The Platform’s infrastructure automatically records service logs of network requests to the API and the Account, including the IP address from which the request originates.
4.1.3. For the purposes of verification procedures (KYC), the Platform may request the following data from Suppliers: registers of directors and members (shareholders), copies of identity documents 2 and proof of address for each director and beneficial owner, and video confirmation of the representative’s identity.
4.1.4. Data that the Operator may process on behalf of Clients using the Platform: Input Data, including but not limited to: text prompts; images and files uploaded by the Client’s end users; generation parameters; the generation Result.
4.1.5. With respect to the data that the User provides about themselves, the Operator acts as the data controller and bears full responsibility under Law of the Republic of Panama No. 81 of March 26, 2019 “On Personal Data Protection” (Ley 81 de 26 marzo de 2019).
4.1.6. With respect to the personal data of third parties that the Client’s end users include in a Job on their own initiative (for example, by uploading a photograph of another person), the Client is the data controller.
4.1.7. The Operator does not control the processing of data carried out by Model Providers for their own purposes. The Operator asks all Users to review the Model Providers’ policies before starting to use the Platform.
5.1. Personal data is processed for the following purposes: The legal grounds are set out in accordance with Article 17 of Executive Decree No. 285 of May 28, 2021 (Decreto Ejecutivo N° 285 de 28 de mayo de 2021): No. Purpose Legal Ground Registration, maintenance of the Account and API keys Performance of a contract (the User Agreement); the Terms of Use of the Service for Suppliers Provision of a technical interface for image generation Performance of a contract (the User Agreement) Verification of Suppliers Legitimate interest; compliance with a legal obligation Technical support, handling of requests Performance of a contract (the User Agreement) 3 Ensuring security, preventing fraud and unauthorized access Legitimate interest; legal requirements Dispute resolution, protection of rights, responding to requests from authorities Legitimate interest; compliance with a legal obligation
6.1. With respect to Input Data and Generation Results processed in the course of using the Platform and transferred to the Operator in accordance with the provisions of the agreement concluded between Clients and the Operator, the Client is the controller of the personal data. The Client determines the purposes of processing and the scope of the data processed.
6.2. The Operator processes Input Data and Generation Results solely on behalf of the Client, within the purposes specified in clause 5.1 of the Policy and to the extent specified in clause 4.1.4 of the Policy.
6.3. The Client warrants that it has legal grounds for processing and has obtained the necessary consents of personal data subjects, including consent to cross-border transfer and to the transfer of data to the Operator.
6.4. Processing of an image of a face by technical means that allow a person to be uniquely identified constitutes biometric data, which in turn constitutes sensitive data under Law of the Republic of Panama No. 81 of March 26, 2019 “On Personal Data Protection” (Ley 81 de 26 marzo de 2019). The Client warrants that it has obtained the necessary consents of personal data subjects to the transfer of such data to the Operator.
6.5. The Client independently performs the obligations of a personal data controller towards data subjects and competent authorities, including the obligations to notify the competent authority of processing, to handle data subjects’ requests, and to localize databases, where such obligation applies to it.
6.6. Client’s Obligations. By uploading an image containing a face or other identifying features of a natural person, the Client confirms and warrants that: (a) its end users are the persons depicted, or (b) it has obtained from the person depicted explicit, informed and documented consent to the processing of the image, including its transfer to the Operator and the Model Provider and the creation of derivative images; (c) it will not use the Service to create images that may mislead as to the identity of a real person, deepfakes, non-consensual intimate images, or images of minors in any sexualized context.
6.7. The Operator does not use facial recognition technologies, does not create biometric templates and does not use images to identify people. The Operator’s processing of images is limited to receiving them, transferring them to the Model Provider, and storing them temporarily for the periods set out in Section 12 of the Policy. 4
7.1. When a Client submits Input Data through the Platform, it is transferred to the Model Provider selected by the Client. Different Model Providers have different data practices, including as to whether they retain or use data subjects’ input and output data to train, evaluate or improve their models. Before using a model, the Client should review the data practices of the relevant Model Provider. To prevent the Input Data of Clients’ end users from being used for model training, we recommend choosing a model or Model Provider that undertakes not to use data subjects’ data for this purpose.
8.1. Consent must be prior, informed and unambiguous, and must be given in a manner that allows the Operator to demonstrate its traceability.
8.2. Where a request for consent is included in a text that also governs other matters, such request must be presented in a manner that clearly distinguishes it from the other content.
8.3. Consent may be withdrawn at any time, and withdrawing consent must be as easy as giving it: via the Account or by writing to the Operator’s contact details.
9.1. Data may be disclosed to third parties in the following cases: Recipient Category What Is Disclosed Role of the Third Party AI Model Providers Input Data, technical identifiers of Jobs Controller KYC providers Identification and technical data Processor Service providers. The Operator may engage trusted counterparties (technical providers, hosting providers, analytics services) Data hosted in the Platform’s infrastructure; technical data Processor Government and judicial Upon lawful requests Recipient by operation of law 5 authorities Successors in the event of reorganization or sale of the business Data necessary for the transfer of rights Controller
10.1. The Platform may contain links to websites, applications, interfaces, services and platforms operated by other companies. The Operator is not responsible for the privacy policies of such websites, applications, interfaces, services and platforms operated by third parties. Once the User leaves the Platform via a link or accesses a third-party service, the User should review the relevant privacy policies in order to determine, among other things, how those companies process the personal data they may collect about Users. This Privacy Policy applies solely to information collected by the Operator.
11.1. Where personal data is processed on servers located outside the User’s country of residence or is transferred to third countries, the Operator takes appropriate technical, organizational and contractual safeguards to ensure the security of the personal data. Such measures ensure that any such transfer complies with the requirements of applicable data protection legislation and that an adequate level of protection of personal data is maintained in accordance with this Policy.
12.1. Personal data is retained for the period necessary to achieve the purposes of processing specified in Section 5 of the Policy, as well as for the period necessary to fulfil the legal obligations imposed on the Operator.
12.2. Documents and information obtained during the verification of Suppliers are retained by the Operator for five (5) years from the date of termination of the business relationship with the Supplier.
12.3. Images (input and output) are retained for 30 (thirty) days from the creation of the Job, after which they are automatically and irreversibly deleted. After this period expires, the image is no longer available to the Client’s end users and cannot be recovered by the Operator. 6
12.4. The generation history (including the date and time, task identifier, prompt, model and version used, generation parameters, status and number of tokens consumed) is retained for the entire lifetime of the Account and is available to Clients’ end users for the entire period of use of the Platform.
13.1. In accordance with applicable law, each user has the following rights:
13.1.1. Right of access. The User has the right to obtain confirmation as to whether the Operator processes their personal data and, if so, to obtain a copy of such data.
13.1.2. Right to rectification. The User has the right to request changes to their personal data in order to correct or supplement it.
13.1.3. Right to erasure. The User has the right to send the Operator a written request to delete specific personal data. Such a request is considered taking into account the data retention requirements established by applicable law. In certain cases, deletion of data is not possible if it would prevent the Operator from fulfilling its legal obligations.
13.1.4. Right to data portability. The User has the right to request that their personal data be provided in a structured, commonly used and machine-readable format.
13.1.5. Right to object to processing. The User has the right to demand that the processing of their personal data be stopped if the Operator cannot demonstrate compelling legitimate grounds for such processing, or if the processing is carried out for marketing purposes.
13.1.6. Right to withdraw consent. The User has the right to withdraw their consent to data processing at any time. In this case, the Operator may be unable to provide certain services.
13.2. To exercise their rights, the User may contact the Operator at the address specified in this Policy. The Operator will respond as soon as possible. If the response requires additional time, the Operator will notify the User in writing of the time frame for considering the request.
14.1. The Operator applies organizational and technical measures to protect personal data, including: ● encryption of data in transit (SSL/TLS); ● restriction of access rights to data; ● regular monitoring and auditing of security systems; ● staff training on data protection requirements.
14.2. The Operator takes all reasonable organizational and technical measures aimed at preventing unauthorized access to, leakage, alteration or destruction of Users’ personal data. 7
14.3. If a personal data security breach is detected, the Operator promptly takes measures to: ● contain and remedy the breach, including restoring system integrity and eliminating the causes of the incident; ● notify the Data Subjects whose data may have been affected, as well as the competent supervisory authorities.
15.1. The Operator uses strictly necessary cookies (authorization, security, session persistence), functional cookies (saving settings and language) and analytics cookies (usage statistics). Strictly necessary cookies are used without the User’s consent; analytics cookies are used only with consent. Settings can be managed in the User’s browser.
16.1. The current version of the Policy is available at: https://moonez.ai/
16.2. For all questions relating to this Policy, the Operator asks that you contact: [email protected] 8
This document constitutes an offer to enter into a contract of adhesion. By registering a supplier account, checking the box “I accept the Terms for Suppliers,” or by actually transferring Tokens to the Operator, you fully and unconditionally accept these Terms and confirm the accuracy of the representations set forth in Section 10, including the representation regarding the lawful origin of the Tokens. If you do not agree with any provision, do not register your account and do not transfer the Tokens.
1.1. These Terms govern the relationship between Moonez Corp., a company incorporated and operating in accordance with the laws of the Republic of Panama (hereinafter referred to as the “Operator”), which operates the service Moonez.ai, located at the Internet address https://moonez.ai/, and the person providing the Operator with access to computing resources and artificial intelligence models (hereinafter referred to as the “Supplier”).
1.2. These Terms apply to any person who has registered a Supplier account, submitted a registration application, or has actually transferred Tokens to the Operator, regardless of whether a separate written agreement exists.
1.3. A Supplier may only be a legal entity or a sole proprietor. Registration as a Supplier by individuals who do not engage in business activities is not permitted.
1.4. The Operator has the right to refuse registration, suspend, or terminate cooperation with any Supplier at its discretion, except in cases where the obligation to disclose the reasons is expressly provided for by applicable law.
1.5. The parties are independent contractors. These Terms do not create an agency relationship, an employment relationship, a general partnership, or a joint venture.
2.1. Tokens — units of access to computing resources and artificial intelligence models provided by the Supplier to the Operator, including API keys, service account credentials, billing accounts and projects, prepaid quotas and credits, and other means of access. The term “Tokens” does not refer to cryptocurrency, digital financial assets, or other digital rights.
2.2. Model Providers — third parties that provide access to artificial intelligence models and infrastructure, as well as their affiliates.
2.3. Account — a section of the Service accessible to the Supplier after registration and authentication.
2.4. Offer — a proposal by the Supplier to deliver a batch of Tokens, created in the Account, including the batch composition, model, volume, price, currency, and warranty terms. 1
2.5. Batch — the number of Tokens transferred under a single Offer.
2.6. Defective Token — A Token that, at the time of transfer or during the Warranty Period, is inoperable, has been recalled, blocked, or restricted by the model’s Rights Holder, does not correspond to the specified model, quota, or region, generates errors, or otherwise fails to comply with Section 6.
2.7. Warranty Period — 30 calendar days from the date of acceptance of the Batch, unless a different period is specified in the Account or the Terms of Use.
2.8. Reserve — the portion of each payment withheld by the Operator on a refundable basis to secure the Supplier’s obligations.
2.9. Freeze — the suspension of access to the Account and the blocking of amounts due to the Supplier in connection with a Compliance Incident.
2.10. Model — a third‑party artificial intelligence software model, access to which is provided via the Service.
2.11. API access — keys, accounts, projects, quotas, limits, authorization parameters and other technical means of accessing the model.
2.12. Generation result — an image, text, video or other digital result generated by the client using the model via the Service.
2.13. Operator’s client — a user to whom the Operator provides access to the models and functionality of the Service.
3.1. Registration is carried out by an authorized representative of the Supplier. The person completing the registration certifies that they have the authority to accept these Terms on behalf of the Supplier.
3.2. The Supplier is required to provide accurate information, enable two-factor authentication, ensure the confidentiality of login credentials, and notify the Operator of any compromised access no later than 24 hours after the compromise occurs.
3.3. All actions performed in the Account using the Supplier’s login credentials are deemed to have been performed by the Supplier.
3.4. The Supplier may not register more than one Account, nor may it register accounts in the names of affiliates or nominees without the Operator’s written consent. A violation constitutes grounds for a Freeze.
3.5. The Operator has the right to set, change, and remove limits on the volume of Shipments, delivery frequency, and payment amounts depending on the results of verification, the history of cooperation, and the Supplier’s risk level. 2
4.1. Verification is a mandatory requirement for admission to deliveries and settlements.
4.2. Upon the Operator’s request, the Supplier shall provide the following documents and information through the Account:
4.2.1. a certificate of registration or an extract from the commercial register issued no earlier than 3 months prior to the date of submission;
4.2.2. incorporation documents;
4.2.3. a certificate of current status (Certificate of Incumbency or Good Standing)—required for legal entities in offshore jurisdictions;
4.2.4. registers of directors and members (shareholders);
4.2.5. a diagram of the ownership structure down to the ultimate beneficial owners with a stake of 25% or more, signed by a director;
4.2.6. copies of identity documents and proof of address for each director and beneficial owner;
4.2.7. a document confirming the signatory’s authority, if the registration is not being carried out by a director;
4.2.8. proof of ownership of payment details: a bank statement or a signed transaction history from a cryptocurrency address.
4.3. The operator reserves the right to conduct an in-depth review and request additional documents, including:
4.3.1. documents confirming the origin of the Tokens—invoices and bills from the model’s copyright holder, proof of payment, agreements with resellers, and console statements;
4.3.2. information on the source of funds of the beneficial owners;
4.3.3. financial statements or bank statements for the past 6 months;
4.3.4. explanations regarding the business model: how the Supplier obtains the Tokens in the stated quantity;
4.3.5. video verification of the representative’s identity.
4.4. Documents must be submitted electronically in English. The Operator reserves the right to require notarization or an apostille, as well as to reject documents that raise doubts regarding their authenticity.
4.5. The Operator conducts a background check on the Supplier, its directors, beneficial owners, and affiliates against sanctions lists, lists of public officials, and open sources, as well as through cryptocurrency address scoring. For these purposes, the Operator has the right to engage specialized service providers and share the necessary information with them. 3
4.6. The Supplier shall provide the requested documents within 5 business days from the date of the request.
4.7. The Operator has the right to conduct a re-verification of the Supplier, including in the event of the circumstances specified in Section 4.8.
4.8. The Supplier is required to notify the Operator no later than 3 business days of any change in the name, jurisdiction, ownership structure, beneficial owners, controlling persons, or payment details; of the initiation of criminal or administrative proceedings against the Supplier or its beneficial owners; of inclusion on sanctions lists; or of the commencement of bankruptcy or liquidation proceedings.
4.9. Failure to submit documents within the specified time frame, submission of false documents, or refusal to undergo re-verification constitute independent grounds for a Freeze.
4.10. The Operator retains verification documents and materials for 5 years from the date the relationship is terminated.
5.1. Tokens are transferred exclusively through the secure channels of the Account in the manner specified in the Specifications. The transfer of Tokens outside the Service does not give rise to any payment obligations on the part of the Operator, unless otherwise expressly agreed upon by the Parties.
5.2. Within 3 business days of the transfer, the Operator conducts a technical inspection of the Batch, following which an acceptance report is generated in the Account, specifying the number of accepted and rejected Tokens.
5.3. Rejected Tokens are not subject to payment. The Supplier has the right to replace them with tokens of equal value or to agree to a reduction in the price of the Batch.
5.4. Acceptance of a Batch does not deprive the Operator of the right to file claims during the Warranty Period and does not constitute confirmation of the lawful origin of the Tokens.
5.5. The Operator has the right to refuse to fulfill the Specification prior to acceptance without providing a reason, by returning the transferred Tokens and without any obligation to reimburse the Supplier’s expenses.
5.6. The Supplier grants the Operator the right to use the Tokens for its own needs and to provide services to the Operator’s customers, including the right to provide customers with indirect access to the models via the Operator’s API.
5.7. The provision of Tokens does not constitute a sale of goods and does not entail the transfer to the Operator of exclusive rights to the models, software, or other intellectual property of the model’s rights holder. 4
6.1. The Supplier warrants that, at the time of acceptance, at least 99% of the Tokens in the Batch successfully execute a test request to the specified model.
6.2. The Tokens must comply with the access region, request limits, and the absence of usage restrictions.
6.3. Each Token is transferred exclusively to the Operator. The retransfer of a Token to third parties or the resale of a Token previously transferred to the Operator is not permitted.
6.4. The Supplier guarantees that it has all the necessary rights, licenses, and permits to provide the Operator with access to the relevant models, API access, quotas, and other technical resources, including the right to use them by the Operator to provide access to the Operator’s clients.
6.5. The Supplier is obliged to notify the Operator of all restrictions imposed by the model owners that may affect commercial use, the transfer of access to third parties, white‑label use, or the creation of derivative services.
6.6. If a Defective Token is detected during the Warranty Period, the Supplier is obligated, within 24 hours and at the Operator’s discretion, to:
6.6.1. replace the Token with one of equal value;
6.6.2. refund the amount paid for it;
6.6.3. agree to offset the corresponding amount against future payments.
6.7. The Operator has the right to choose the method of remedy.
6.8. If the proportion of Defective Tokens in a Batch exceeds 10%, the Operator has the right to reject the entire Batch and demand a refund of all amounts paid for it.
6.9. The Supplier must respond to a defect notification within 1 business day.
6.10. Upon the Operator’s request, the Supplier shall provide information regarding the source of origin of a specific Token within 3 business days.
7.1. The price of the transferred Tokens is displayed in the Account when the Supplier posts an Offer and is specified in USDT, unless the Parties have agreed otherwise.
7.2. Payment for a Batch is made within 3 business days, provided the Supplier successfully passes verification.
7.3. The Operator withholds a Reserve equal to 10% of each payment. The specific amount is displayed in the Account. 5
7.4. The Reserve is returned 90 days after the date of the corresponding payment, provided that all of the following conditions are met: the percentage of Defective Tokens for the period is less than 5%, there are no outstanding claims by the Operator, and the verification status is active.
7.5. Upon termination of the relationship, the Reserve is returned to the Supplier in full.
7.6. The Operator has the right to unilaterally set off its claims—including the cost of Defective Tokens, penalties, damages, compensation amounts under Section 13, and expenses for investigation and legal assistance—against any amounts owed to the Supplier, including the Reserve.
7.7. Fees charged by correspondent banks and blockchain networks are borne by the Supplier, unless otherwise specified in the Supplier’s Account.
7.8. The price does not include applicable indirect taxes. The Supplier is solely responsible for fulfilling its tax obligations.
7.9. The Supplier warrants that the cryptocurrency addresses it provides belong to it, are not under the control of third parties, and are not associated with mixers, darknet services, sanctioned addresses, or malware. The Operator has the right to refuse payment to an address with an unacceptable level of risk and to request an alternative address; such a refusal does not constitute a default by the Operator.
7.10. The Supplier bears the risk of making a mistake in selecting the network, address, or other transaction parameters.
7.11. Network fees and related expenses are distributed in accordance with the rules of the Account.
8.1. To transfer to the Operator only Tokens that have been obtained legally and are lawfully transferred to the Operator.
8.2. To comply with the terms of use and policies of the model rights holders, including restrictions on resale and granting access to third parties.
8.3. If Tokens are provided via API access, the Supplier is obliged to ensure the functionality of the granted access, the relevance of authorization parameters, quotas, and limits within the agreed usage period.
8.4. Modification, revocation, blocking, or restriction of API access without the provided grounds is considered a violation of the Tokens’ quality guarantee.
8.5. Notify the Operator within 24 hours of:
8.5.1. any blocking, suspension, or investigation regarding the accounts from which the Tokens originate; 6
8.5.2. claims by the model’s rights holder;
8.5.3. any circumstances that cast doubt on the legality of the origin of previously transferred Tokens;
8.5.4. information security incidents affecting the Tokens or the Account.
8.6. Not to revoke, block, restrict, or resell to third parties any Tokens transferred to the Operator.
8.7. Retain documents confirming the origin of the Tokens for at least 3 years and provide them upon the Operator’s request.
8.8. Comply with applicable laws and regulations, as well as applicable sanctions regimes, including those of the United Nations, the European Union, the United States, and the United Kingdom.
8.9. Provide reasonable cooperation in the Operator’s investigations, including by providing logs, screenshots of account control panels, and proof of ownership of payment instruments.
8.10. Do not engage in any of the actions listed in Section 9 of the Terms of Use.
8.11. The Supplier acknowledges that the use of the models is carried out in accordance with the terms and policies of the model owners.
8.12. The Supplier is obliged to disclose all known restrictions on the use of the models.
8.13. The Supplier does not acquire any rights to the generation results created by the Operator’s clients.
8.14. The Operator does not guarantee the acquisition of exclusive rights to the generation results if such rights are not granted by the owner of the relevant model.
9.1. The Provider is prohibited from:
9.1.1. transfer Tokens obtained through hacking, phishing, theft of credentials, acquisition of stolen accounts or keys, exploitation of data breaches, or use of malicious software;
9.1.2. use someone else’s, stolen, or compromised payment methods to pay for accounts from which Tokens originate;
9.1.3. register Model Rights Holder accounts using forged or third-party documents and personal data;
9.1.4. systematically abuse free and trial programs, promo codes, grants, and programs for the purpose of subsequently reselling access; 7
9.1.5. circumvent the Model Rights Holder’s regional, industry-specific, or quantitative restrictions, including by spoofing geolocation or splitting accounts;
9.1.6. transfer Tokens accessed through third-party accounts without their consent;
9.1.7. transfer the same Token to multiple purchasers;
9.1.8. intentionally conceal circumstances known to the Provider that affect the Token’s operational lifespan;
9.1.9. provide false information during verification or use nominal persons to conceal the actual controlling persons;
9.1.10. conduct transactions on behalf of persons included on sanctions lists, or assist in circumventing sanctions restrictions;
9.1.11. use funds received from the Operator for the purposes of money laundering or terrorist financing;
9.1.12. attempt to gain unauthorized access to the Operator’s infrastructure, test it for vulnerabilities, reverse-engineer the API, or circumvent the limits of the Account;
9.1.13. interact with the Operator’s clients outside the Service;
9.1.14. use information regarding volumes, prices, and customers obtained in the Account for purposes unrelated to the performance of these Terms and Conditions.
9.2. A violation of any of the subclauses of Section 9.1 constitutes a material breach and grounds for immediate termination of the relationship, Account Freeze, and the application of liability measures under Section 13.
10.1. By accepting these Terms and upon delivery of each Shipment, the Supplier warrants that:
10.1.1. it is duly incorporated, is in good standing, and possesses all necessary authority and permissions to perform these Terms;
10.1.2. the transferred Tokens have not been stolen and were not obtained as a result of unauthorized access to third-party accounts, hacking, phishing, social engineering, data breaches, exploitation of vulnerabilities, use of third-party or compromised payment instruments, fraud, abuse of promotional programs, circumvention of limits, or use of forged documents when registering accounts; 8
10.1.3. the user is the lawful owner of the Tokens or is otherwise authorized to transfer them, and such transfer does not violate agreements with the models’ rights holders, payment providers, or other third parties;
10.1.4. the tokens are not encumbered by any third-party rights and are not the subject of any dispute, attachment, or pledge;
10.1.5. neither the Supplier nor its beneficial owners, directors, controlling persons, or affiliates are included on the sanctions lists of the United Nations, the European Union, the United States, or the United Kingdom, are not controlled by such entities, and are not registered in jurisdictions subject to comprehensive sanctions restrictions;
10.1.6. the funds and assets used in dealings with the Operator are derived from lawful sources and are not associated with money laundering, terrorist financing, or the circumvention of sanctions;
10.1.7. the information and documents provided during verification are accurate, complete, not misleading, and not forged;
10.1.8. no bankruptcy or liquidation proceedings have been initiated against the Supplier, nor are there any injunctive relief measures in place that would prevent the fulfillment of obligations;
10.1.9. the Supplier acts in its own interest and does not act on behalf of or at the direction of any person whose details were not disclosed to the Operator during verification.
10.2. These representations must remain true for the entire term of these Terms and Conditions.
10.3. The Supplier confirms that the Operator relies on these representations when making decisions regarding cooperation and payments, and that the inaccuracy of any of them grants the Operator the rights provided for in Sections 12–13, including the right to demand the return of all amounts paid.
11.1. To verify the Supplier and the Supplier’s representative registering the Account, including by engaging specialized providers and third parties to conduct such verification.
11.2. To verify Tokens using any technical means, including test requests, verification of account ownership, and reconciliation of information with the Rights Holders of the models.
11.3. Suspend the acceptance of Batches and payments in the cases provided for in Section 12.
11.4. Disclose information about the Supplier and the transactions it has carried out:
11.4.1. to law enforcement, judicial, and regulatory authorities; 9
11.4.2. to the model rights holders and their affiliates during investigations of incidents;
11.4.3. to banks, payment providers, and cryptocurrency providers;
11.4.4. auditors, legal advisors, and successors of the Operator.
11.5. Assign the rights and obligations under these Terms to affiliates and successors without the Supplier’s consent. The Supplier may not assign its rights without the Operator’s written consent.
11.6. The Supplier agrees to process technical events, usage logs, request metadata, and other information necessary for the operation of the Service, quality control, and incident investigation.
12.1. If there are reasonable grounds to suspect that a Compliance Incident has occurred, the Operator has the right to conduct additional verification regarding the Supplier and the Tokens or to impose a Freeze. Such a measure is of a precautionary nature and does not constitute an admission of guilt on the part of the Supplier.
12.2. A compliance incident is defined, in particular, as:
12.2.1. the receipt of a claim, request, or notice from the model’s rights holder related to the Supplier’s Tokens;
12.2.2. a mass recall or blocking of the Supplier’s Tokens by the model’s rights holder;
12.2.3. the proportion of the Supplier’s Defective Tokens exceeding 10%;
12.2.4. the triggering of sanctions, reputational, or law enforcement screening with respect to the Supplier, its beneficial owners, or affiliates;
12.2.5. an unacceptable level of risk associated with the Supplier’s cryptocurrency addresses;
12.2.6. a request from a law enforcement agency, court, bank, or payment provider;
12.2.7. receipt of a claim from a third party stating that the Tokens belong to them and were obtained by the Supplier unlawfully;
12.2.8. evidence of a connection between the Supplier and a previously blocked supplier;
12.2.9. failure to provide documents within the timeframes specified in the Terms of Use;
12.2.10. the discovery of inaccurate or forged documents; 10
12.2.11. compromise of the Supplier’s Account.
12.3. Investigation Procedure:
12.3.1. The Operator notifies the Supplier of the measure taken via the Account and by email, stating the general grounds. The Operator reserves the right not to disclose details if doing so could hinder the investigation or violate applicable law;
12.3.2. The Supplier has the right to submit explanations and documents within 10 business days;
12.3.3. The investigation period is up to 30 calendar days and may be extended to 90 days under complex circumstances, or—in the event of a request from law enforcement agencies, a dispute with a third party, or a dispute with the model’s rights holder—until the conclusion of the relevant proceedings;
12.3.4. Based on the results of the investigation, the Operator will either lift the restrictions and make the payment, make a payment with a partial withholding, or terminate the relationship while withholding amounts to satisfy claims under Section 13.
12.4. If a match is confirmed against sanctions lists, payments are blocked until authorization is received from the competent authority or until the grounds for the block are resolved. The Operator shall not be liable for any failure to fulfill its obligations resulting from compliance with sanctions legislation.
12.5. The Supplier has the right to submit a reasoned objection through the Account; the Operator will review it within 15 business days. The claims procedure for dispute resolution is mandatory.
12.6. The application of measures under this section does not deprive the Operator of other legal remedies.
13.1. The Supplier shall compensate the Operator, its affiliates, officers, and employees for losses, including lost profits, amounts awarded to third parties, regulatory fines, compensation to the Operator’s customers, and expenses for legal assistance and technical expertise, arising from:
13.1.1. the inaccuracy of the representations in Section 10;
13.1.2. a breach of Section 9;
13.1.3. claims by model rights holders, law enforcement agencies, or other third parties related to the Supplier’s Tokens;
13.1.4. the blocking of the Operator’s accounts, infrastructure, or payment instruments for reasons related to the Supplier. 11
13.2. In addition to compensating for losses, in the event of inaccuracies in the representations set forth in Section 10 of the Terms of Use, the Supplier agrees to refund all amounts received for the relevant Batches. The reserve shall be applied in full toward the settlement of such claims.
13.3. The Operator’s aggregate liability to the Supplier on all grounds is limited to the amount actually paid by the Operator to the Supplier during the 3 months preceding the relevant event.
13.4. The Operator shall not be liable for lost profits, indirect losses, damage to the Supplier’s business reputation, or for the actions of the model rights holders, including the blocking of accounts and the revocation of Tokens.
13.5. The Supplier also compensates the Operator for losses incurred as a result of the inability to provide the Operator’s clients with access to the models, if such inability is caused by the Supplier’s violation of the model owners’ terms and conditions, restrictions on API access, or the inaccuracy of the representations provided.
14.1. Each Party agrees not to disclose the other Party’s confidential information, including commercial terms, volumes, prices, the technical architecture of the Service, and the content of investigations, for the duration of these Terms and for 5 years following their termination.
14.2. The obligation to maintain confidentiality does not apply to publicly available information, information lawfully obtained from third parties, or disclosures made at the request of competent authorities.
14.3. With respect to the personal data of the Provider’s representatives and beneficial owners, the Parties act as independent data controllers.
14.4. The Operator processes such data for the purposes of verification, contract performance, compliance with anti-money laundering laws and sanctions regimes, fraud prevention, and the protection of its rights.
14.5. The Supplier guarantees that there is a legal basis for transferring the personal data of its representatives and beneficial owners to the Operator and for notifying such individuals of the processing.
15.1. These Terms are effective indefinitely from the moment the Supplier accepts them.
15.2. The Operator has the right to unilaterally amend the Terms by publishing a new version and notifying the Supplier via the Account. Changes resulting from legal requirements, sanctions regimes, or the rights holders of the models take effect immediately. 12
15.3. Continued use of the Account or the transfer of a new Batch after the changes take effect constitutes the Supplier’s acceptance of the new version.
15.4. The Supplier has the right to terminate the relationship by giving the Operator 20 calendar days' notice, provided there are no outstanding Offers or investigations.
15.5. The Operator has the right to terminate the relationship:
15.5.1. at any time, by giving the Supplier 10 calendar days’ notice;
15.5.2. immediately—upon the occurrence of a Compliance Incident, inaccuracies in the representations in Section 10, or a violation of Section 9.
15.6. Upon termination pursuant to subparagraph 15.5.2, the Operator is entitled to withhold amounts due to the Supplier until the completion of the audit, apply the Reserve toward its claims, and include the Supplier and its beneficial owners on an internal list of persons with whom cooperation is prohibited.
16.1. These Terms and Conditions shall be governed by the laws of the Republic of Panama.
16.2. All disputes, disagreements, and claims arising out of or in connection with this Agreement—including those relating to its formation, validity, amendment, performance, and termination—that are not resolved in accordance with the procedure set forth in the Terms and Conditions, shall be finally settled by arbitration, administered by the Panama Conciliation and Arbitration Center (Centro de Conciliación y Arbitraje de Panamá) under the Panama Chamber of Commerce, Industry, and Agriculture, in accordance with its Rules of Arbitration. The place of arbitration shall be Panama City, Republic of Panama. The language of the arbitration proceedings shall be English. The number of arbitrators shall be one. The arbitration shall be conducted in accordance with the law (arbitraje en derecho).
16.3. The arbitral award shall be final and binding on the Parties. This arbitration clause shall remain in force regardless of the invalidity or termination of the Agreement.
16.4. This section does not limit the Parties’ right to apply to a competent state court for injunctive relief.
17.1. The Parties recognize the legal validity of documents and actions performed in the Account, including acceptance of these Terms, Offers, acceptance certificates, and notices.
17.2. Notices shall be sent via the Account and to the email address provided during registration, and shall be deemed received at the time of sending.
17.3. Force majeure events do not release the Parties from financial obligations arising prior to their occurrence and do not apply to obligations under Section 13. 13
17.4. The invalidity of any individual provision shall not render the remaining provisions invalid. 14