Legal

Welcome to Neon Kiss. These Terms of Service (these "Terms") are a legally binding agreement between you ("you" or "the user") and Neon Kiss Pty Ltd ("Neon Kiss", "we", "us", or "our"). They govern your access to and use of the Neon Kiss website, applications, and related services (together, the "Service"). By creating an account, or by otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

We may modify or update these Terms from time to time. We will give notice of material changes, for example by posting the updated Terms on our website or by emailing you. The "Last Updated" date at the top shows when the Terms last changed. It is your responsibility to review updates. If you continue to use the Service after updated Terms take effect, you accept the changes. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

The Service includes adult and sexually suggestive content and is intended only for adults. You must be at least 18 years old, and the age of majority in your jurisdiction, to access or use the Service. By using the Service, you represent and warrant that you are at least 18 years old. We may require verification of your age at any time, and we will suspend or terminate any account that we believe belongs to a person under 18. The Service is not directed to, and must not be used by, anyone under 18.

To use certain features you must create an account with a valid email address. You agree to the following:

• Accurate information: You will provide truthful, current, and complete registration details and keep them up to date. You will not impersonate any person or entity or use an email address you are not authorized to use.
• Password security: You are responsible for keeping your credentials confidential. Notify us immediately at hello@neonkiss.ai if you suspect any unauthorized use of your account. Neon Kiss is not liable for loss arising from your failure to protect your credentials.
• Account activity: You are responsible for all activity that occurs under your account.
• One account per user: Do not create multiple accounts for yourself or an account for anyone else without permission. We may remove duplicate or fraudulent accounts.

The Service uses a virtual currency ("coins") and generation credits to access paid features such as image and video generation, and offers paid subscription plans. The following terms apply to all purchases:

• Payments: Purchases are processed by our third-party payment provider. You agree to pay all charges at the prices in effect when you purchase, plus any applicable taxes.
• Coins and credits: Coins and credits are a limited license to access features. They have no cash value, are not legal tender, and cannot be exchanged for money except where required by law. Balances are non-transferable between accounts.
• Subscriptions and auto-renewal: Subscription plans renew automatically at the end of each billing period at the then-current price until you cancel. You authorize us and our payment provider to charge your payment method for each renewal.
• Cancellation: You may cancel a subscription at any time through your account settings. Cancellation stops future renewals; it does not retroactively refund the current period. Your paid benefits continue until the end of the paid period.
• Refunds: Except where required by applicable law, all purchases of coins, credits, and subscriptions are final and non-refundable. Consumed coins or credits are not refundable.
• Price changes: We may change prices, plan features, or the coin cost of any feature. We will give notice of changes that affect an active subscription before they take effect.
• Chargebacks: Initiating a chargeback or payment dispute without first contacting us at hello@neonkiss.ai may result in suspension of your account.

The Service lets you generate images and videos ("Generated Content") from prompts and settings you choose. Generation depends on machine-learning models and produces novel, sometimes unexpected, outputs.

• Your rights: Subject to these Terms and to your payment of any applicable fees, and to the extent we are able to grant such rights under applicable law, we assign to you our rights in the Generated Content you create, for your personal and lawful use. Generated Content may not be eligible for copyright protection in some jurisdictions.
• Our license: You grant Neon Kiss a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your prompts and Generated Content as needed to operate, secure, moderate, and improve the Service. We will not publish your private Generated Content for marketing without your permission.
• Similar outputs: Because outputs are generated by models, other users may receive similar or identical results. You do not receive any exclusive rights that would prevent this.
• Responsibility: You are solely responsible for the prompts you submit and the Generated Content you create, share, or download, and for ensuring both comply with these Terms and with applicable law.

You agree to use the Service lawfully and responsibly. You must not use the Service, or any prompt, upload, or Generated Content, to create, request, share, or store any of the following:

• Content involving minors: Any sexual or suggestive content that depicts, describes, or appears to involve a minor is strictly and absolutely prohibited, whether real, fictional, or AI-generated. We report suspected child sexual abuse material (CSAM) to the relevant authorities and terminate the account.
• Real people without consent: Sexual, nude, or intimate depictions of a real, identifiable person created without that person's consent, including "deepfakes", face-swaps, or likeness of public figures. Do not upload another person's photo or likeness without their explicit permission.
• Non-consensual and illegal themes: Content depicting non-consensual sexual acts, trafficking, bestiality, incest, or any other content prohibited by applicable law.
• Harassment and hate: Content that harasses, threatens, defames, or promotes violence or hatred against a person or group.
• Violence and self-harm: Content that glorifies or encourages violence, self-harm, or suicide.
• Fraud and abuse: Spam, phishing, malware, scraping, reverse engineering, circumventing filters or rate limits, or any attempt to disrupt, probe, or damage the Service.
• Infringement: Content that infringes the intellectual-property, privacy, or publicity rights of others.

We use automated filters and human review to enforce these rules. Violations may result in content removal, suspension, or permanent termination, and, where required, referral to law enforcement.

"User Content" means anything you submit to the Service, including prompts, uploads, profile details, and messages.

You retain your rights in your original User Content. You grant Neon Kiss a worldwide, non-exclusive, royalty-free, sub-licensable license to host, store, use, reproduce, adapt, and display your User Content solely to operate, secure, moderate, and improve the Service. You are responsible for ensuring you have all rights necessary to submit your User Content and that it does not violate Section 7. We may review, screen, remove, or disable any User Content at our discretion, but we are not obligated to pre-screen content.

The Service uses artificial intelligence. You understand and accept that AI outputs may be inaccurate, fictional, or unexpected.

• No accuracy guarantee: Neon Kiss does not guarantee that any Generated Content or AI response is accurate, appropriate, or fit for any purpose.
• Not professional advice: AI outputs are for entertainment and general information only and are not a substitute for professional medical, legal, financial, or other advice.
• Mature themes: The Service can produce suggestive or mature content. By using the Service you accept this. Filters reduce, but cannot guarantee prevention of, disallowed outputs.
• Your discretion: You use and interpret AI outputs at your own discretion and risk. Do not rely on the Service for critical or emergency matters.

To keep the Service safe, we may monitor and moderate it to enforce these Terms:

• Automated and human review: Automated systems may scan prompts and Generated Content for prohibited material, and authorized staff may review flagged or reported content.
• Enforcement actions: We may warn you, remove content, suspend features, or permanently terminate your account for violations, at our discretion.
• Reporting: You can report content or behavior that violates these Terms. False or malicious reporting is itself a violation.
• No circumvention: Do not attempt to bypass moderation, or create new accounts to evade enforcement.

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and disclose your information. By using the Service, you consent to those practices. If you do not agree with the Privacy Policy, you must not use the Service.

All materials provided by Neon Kiss through the Service — including software, models, code, text, graphics, user-interface elements, logos, and trademarks (other than your User Content and your Generated Content) — are owned by Neon Kiss or its licensors and are protected by law. We grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the Service as intended by its normal functionality.

You must not copy, modify, distribute, reverse engineer, or create derivative works from the Service or its components (except your own content), remove proprietary notices, or use our trademarks without our prior written consent. Feedback you provide may be used by us without restriction or compensation to you.

The Service may link to or rely on third-party content and services (for example, payment processing, cloud hosting, or model providers). We do not endorse and are not responsible for third-party content, and different terms and privacy policies may apply to it. Your dealings with third parties are solely between you and them.

By you: You may stop using the Service at any time and may delete your account through your settings or by contacting hello@neonkiss.ai. Deletion removes your profile and content from active systems, subject to the retention rules in our Privacy Policy.

By us: We may suspend or terminate your access at any time, including if we reasonably believe you have violated these Terms or applicable law, or if your use could harm other users or us. On termination you may lose access to your account, balances, and content, subject to our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 6, 8, 9, 11, 12, 15, 16, 17, 18, and 19.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, Neon Kiss and its affiliates, suppliers, and partners disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any output will meet your expectations. You use the Service at your own discretion and risk. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

To the maximum extent permitted by law, Neon Kiss and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Service, any content on the Service, or any conduct of other users or third parties. In no event will Neon Kiss's total cumulative liability for all claims arising out of or relating to the Service or these Terms exceed the greater of the amount you paid us in the twelve months before the claim, or USD $100. Some jurisdictions do not allow these limitations, so they may not fully apply to you.

You agree to indemnify, defend, and hold harmless Neon Kiss, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to your use or misuse of the Service, your User Content or Generated Content, your violation of these Terms, or your violation of any law or third-party right. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate. This obligation survives termination.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles. Mandatory consumer-protection laws of your country of residence may still apply.

Subject to any right you have under applicable law to bring a claim in your home country, you and Neon Kiss agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia for any dispute not resolved informally. Before filing a formal claim, please contact us at hello@neonkiss.ai so we can try to resolve the matter directly.

These Terms, together with our Privacy Policy and any additional rules posted on the Service, are the entire agreement between you and Neon Kiss regarding the Service, and supersede any prior agreements on the same subject. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will stay in effect. Our failure to enforce any provision is not a waiver of it.

If you have questions about these Terms or the Service, contact us:

• Email: hello@neonkiss.ai
• Legal notices: Neon Kiss Pty Ltd accepts legal notices by email at hello@neonkiss.ai.