Terms of Service (TOS) for GenZone.ai

Genzone Agreements

Terms of Service (TOS) for GenZone.ai

Date of Revision: [May, 2025]

Welcome to GenZone.ai (the "Website，" "platform，" or "service"). You are currently reading our Terms and Conditions (“Terms”), which outline the agreement between you and us. These Terms specify the conditions under which you may access and use our Website and related services.

For the purposes of these Terms, "You" and "Your" refer to you as a user of the Website. By accessing, browsing, or using this Website, you agree to comply with and be bound by these Terms and our Privacy Policy. Your continued use of the Website signifies your acceptance of these Terms.

GenZone.ai is an online platform that utilizes artificial intelligence algorithms to create and modify unique digital content, including but not limited to AI avatars, AI photo editing, AI background removal, AI face swapping, AI passport photo generation, AI product photography, AI video generation, AI voice generation, and AI writing assistance (“Services”). Parts of the Services offered by the Website may require you to create a user account.

To begin with, you may need to type text prompts, upload images, videos, audio, or other digital assets related to the content you envision. You can select or adjust features for your desired output, and thereafter, our artificial intelligence algorithms will generate or modify content according to your settings and inputs.

By accessing, updating, and/or using the Website, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the Website as acceptance of the TOS and our Privacy Policy. If you do not agree with this TOS, please refrain from using our Website any further, and you will be unable to access any part of our Services therewith.

1. Account

1.1 Account Creation and Security

Parts of the Services offered by the Website may require you to create a user account, which may involve providing an email address and/or creating a user ID and/or password (the “Protected Areas”). In the event of accessing Protected Areas, you agree to access them only using your registered user account and/or ID and password.

You may be able to:

● Sign in with an email address

● Log in with a third-party account (e.g., Google)

You hereby represent and warrant that all information you submit to create a user account is true and correct, and you have full rights to submit such information.

You agree to, from time to time as necessary, update any information associated with your user account or user ID (including but not limited to, your email, payment information (subscriptions and email address, or other supplemental information as the case may be)) so that it remains current, accurate, and correct at all times. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activities occurring under your user account and/or user ID. Your user account and user ID are non-transferrable. You cannot sell, lend, or otherwise share it with any other person.

Any violation of these Terms of Service, including but without limitation, failure to maintain updated and correct information about your user account, may cause your user account to fall out of good standing, and we may cancel your user account in our sole discretion.

Meanwhile, we reserve the right to terminate or restrict your user account and/or user ID, or otherwise revoke your access to the Website or Services provided by us, at any time for reasons or suspicions which indicate you have violated the terms of TOS or Privacy Policy, at our sole discretion. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the Website or the content or Services offered by us, any change of costs for third-party Services or fees or otherwise, or from suspension or termination of your user account and/or user ID.

1.2 Subscription

We retain the right, at our sole discretion, to provide some Services which will be available only for paid subscribers or via the purchase of credits or other access tokens. The subscription or access will begin after the initial payment, and the payment should be performed pursuant to the fee terms as presented on the Website at the time of the purchase. You are responsible for payment of all fees, charges, and taxes (if required by law) related to the transaction.

● If you don't want to renew a subscription, you can cancel it in your payment provider's account (e.g., PayPal, Stripe, or credit card issuer) by yourself, if applicable, or by following the cancellation instructions within your GenZone.ai account or by contacting us via feedback@genzone.ai.

● Content created (e.g., images, videos, text) is a personalized product and consumes electricity, GPU, and server resources for your creation. The primary way to be eligible for a refund is only if you have never used any purchased credits or subscription benefits to generate or modify any content. Therefore, stop at this step if you plan to ask for a refund. If you create at least one piece of content using paid services and ask for a refund, a dispute may be launched. After the dispute, you may be blocked definitively from our Website, including free and premium services. If you just want to make a test, please use any free version or free trial options if available.

● Only regular priced items may be refunded; unfortunately, sale items, official rewards, and used credits/subscription periods cannot be refunded, except as expressly stated in our Return Policy or as required by applicable law.

● Late or missing refunds (if applicable): If you haven't received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you've done all of this and you still have not received your refund yet, please contact us via feedback@genzone.ai.

Please note that if you subscribe to the Services from a distribution platform not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.

2. Legal Capacity

You understand and warrant that:

● If you are entering into this TOS on behalf of another person or entity, You are fully and duly authorized by such person or entity to enter into this TOS which will be binding upon both You individually and such other person or entity (and “You” as used in this TOS shall refer to both);

● You are of the legal age in the jurisdiction of your place of domicile to form a binding contract with us (generally 18 years or older);

● If you are under the legal age in the jurisdiction of your place of domicile to form such a contract, you shall access or use our Services only under the supervision of your parent(s) or legal guardian who agrees to be bound by these Terms and subjected to the local laws and regulations;

● You are not a person barred from subscribing to, using, or accessing the Website under the laws of Ireland or other applicable jurisdictions, as the case may be.

3. Intellectual Property

The intellectual property in the Website and embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) in GenZone.ai are owned by or licensed to MINDSPARK AI LIMITED. You may access GenZone.ai to view, use, and display the application on your device for your personal or internal business use only, subject to these TOS.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by us at any time.

4. Your Content and Generated Content

4.1 Your Inputs

You retain your intellectual property ownership rights over the content you submit to us (e.g., text prompts, uploaded images, videos, audio – "Input Content"). We will never claim ownership of your Input Content, but we do require a license from you in order to process it and provide the Services. When you use GenZone.ai or its associated Services to upload, share, or otherwise transmit Input Content, you grant to us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify (e.g., to format for display or processing), and prepare derivative works of your Input Content solely for the purpose of providing and improving the Services to you, in a manner that is consistent with our Privacy Policy.

4.2 Generated Content

Subject to your compliance with these TOS, and to the extent permitted by applicable law, you own the rights to the unique content generated by the Services based on your Input Content ("Generated Content"). However, please be aware that AI-generated content may not be eligible for copyright protection in all jurisdictions or may be subject to third-party rights if the AI model was trained on such data. You are responsible for ensuring that your use of Generated Content complies with all applicable laws and does not infringe upon the rights of any third party. We make no representations or warranties regarding the copyright status or uniqueness of Generated Content.

4.3 License to Us for Generated Content (for Service Operation and Improvement)

To the extent that we (or our partners) use your Input Content or Generated Content in connection with commercial or sponsored content (if applicable and with your separate consent), or for the general operation, development, and improvement of our Services (e.g., training our AI models, troubleshooting, analytics, but not for direct public display or sale without your permission unless anonymized and aggregated), the license you grant us continues. You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account, where technically feasible and subject to our data retention policies outlined in the Privacy Policy. However, content may persist in backups for a reasonable period or if used in aggregated, anonymized forms for service improvement.

5. Restrictions of Conduct and Content

5.1 Website Usage Restrictions

In accessing and using the Website, you agree to abide by the following rules, restrictions, and limitations:

● You will not modify, translate, adapt, or reformat the Website, except as expressly permitted by the Services' features;

● You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the Website (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);

● You will not interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on the use of the Website;

● You will not use the Website to gain unauthorized access to our or any third party's data, systems, or networks;

● You will not use the Website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the Website;

● You will not use the Website in any way that, in our sole discretion, may expose us and others to liability or damages;

● You will not remove, change, or obscure any copyright, trademark notice, trademark, hyperlink, or other proprietary rights notices contained in the Website; and

● You will comply with all applicable laws in your access and use of the Website, including the laws of Ireland and your country or district if you live outside of Ireland.

5.2 Content Transmission Restrictions

You shall not upload, input, share, generate, or otherwise transmit to or via the Services any content (including text, photo, video, audio, etc.) that:

● Is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, misleading, incendiary, or otherwise objectionable;

● Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

● May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party;

● Contains any unsolicited promotions, political campaigning, advertising, or solicitations not expressly approved by us;

● Contains any private or personal information of a third party without such third party's consent;

● May harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

● Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content, designed to interrupt, destroy, or limit the functionality of the Application;

● Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or

● Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

We reserve the right, but are not obligated, to reject and/or remove any user content or generated content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your perspective, content of any nature whatsoever, please contact us at: feedback@genzone.ai.

5.3 Content Usage and Sharing

Unless otherwise agreed, any content generated by you using the Services should be used in accordanceance with these TOS. You are responsible for how you use and share content generated through the Website.

6. Claims of Infringement

6.1 Copyright

If you believe in good faith that materials transmitted or created through the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:

● An electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work;

● A description of the copyrighted work that you claim has been infringed upon and sufficient information for us to locate such copyrighted work;

● Your address, telephone number, and e-mail address;

● A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We will 1) take proper preliminary actions against said alleged infringement within a reasonable time after receipt of said information, including without limitation link blockage or content removal; 2) notify the alleged infringer and demand him or her to explain and provide counter evidence if appropriate.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will notify the alleged claimant and may hold process for a period (e.g., 10 - 14 business days) and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice procedures will comply with applicable law. Notices and counter-notices should be sent to us via email at: feedback@genzone.ai with the subject "Copyright Infringement Notice".

6.2 Other rights

If you believe in good faith that materials on or accessible through the Website infringe your other rights (e.g., trademark), you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when you contact us.

6.3 Repeat Infringement

We have the right to suspend or terminate the use of the Website by anyone engaged in suspected repeated infringement.

7. Liability

THE WEBSITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. MINDSPARK AI LIMITED MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT THAT:

● THE WEBSITE (OR THE RESULTS OBTAINED FROM THE USE THEREOF, INCLUDING THE ACCURACY, RELIABILITY, OR LEGALITY OF GENERATED CONTENT) WILL BE TIMELY, ERROR-FREE, SECURE, OR UNINTERRUPTED;

● THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR

● THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE.

● ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDSPARK AI LIMITED SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THIS TOS SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EURO (EUR 100), WHICHEVER IS GREATER.

8. Links to Third Party Websites and Services

The Website may include links or allow access to third - party websites and services. Please note,

The Website may include links or allow access to third - party websites and services. Please note, their presence DOES NOT mean that they are recommended by us, and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods, or services available on or through any such third - party websites and services.

It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the Website or a Third Party Website, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of Third Party Websites or Third Party Content. If you decide to access a Third Party Website, you do this entirely at your own risk, and you should review the terms of use and privacy policy or similar terms governing the use of such Third Party Websites.

9. Governing Law; Dispute Resolution

This TOS shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws provisions.

Any dispute arising out of or in connection with this TOS, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the competent courts of Ireland.

10. Changes to this TOS

We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify you of changes by making the revised version of this TOS accessible through the Website, which changes will become effective immediately upon posting, or as otherwise required by law. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS, so that you can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. If you do not agree with the revised TOS, you have the right and should immediately stop using the Website. Your continued access or use of the Website after any changes to this TOS have been posted means your agreement and consent to such changes.

We reserve the right to change the Services scope listed herein and change charging standards applicable to the Services at any time for any reason in our sole discretion and without notice (except for active subscriptions, where changes will apply upon renewal). We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice, subject to any obligations for ongoing paid subscriptions.

11. Termination; Assignment

This TOS will continue in effect until terminated by either you or us as set out below. You may terminate this TOS at any time by ceasing your access and use of the Website and deleting your account if applicable. In the case that you are a subscriber to us, the subsequent processing of fees shall be subject to the respective rules of our payment processors or as outlined in our Return Policy. We may terminate this TOS and your right to access or use the Website, with or without notice to you, for any reason, including suspected breach of this TOS by you.

We reserve and retain the rights to assign, transfer, or subcontract our rights and obligations under these TOS to any third parties. Notice may be posted on the Website, and your continuing use or update of the Website means your consent to such assignment.

12. Miscellaneous

If any provision of this TOS is found to be unlawful, void, or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties.

This TOS, together with the Privacy Policy and other published policies (including the Return Policy), constitute the entire agreement between us and you pertaining to any and all access and use of the Website and supersede any and all prior or contemporaneous written or oral agreements between us and you pertaining thereto. No amendment or waiver by you of this TOS will be binding on us unless set forth in a writing expressly identifying this TOS and signed by you and us.

Any caption, heading, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

We will collect and process your information and technical data in accordance with the Privacy Policy.

MINDSPARK AI LIMITED administers and operates the Website from its location in Ireland. If you choose to access the Website from outside Ireland, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

13. Contact Us

If you have any questions regarding the use of the Website or this TOS, please contact us at: feedback@genzone.ai.