Terms of Service

These Terms of Service (hereinafter "Terms") apply to all services provided via the freycreate platform (hereinafter "Platform") of freycreate GmbH (hereinafter "Provider").

By registering and using the Platform, the user agrees to these Terms. Deviating conditions of the user are not recognized unless the Provider expressly agrees to their validity in writing.

2. Description of Services

freycreate is an AI-powered platform for generating:

• Images and graphics using AI models (Seedream, OpenAI, etc.)
• Videos and animations using AI models (Seedance, etc.)
• Marketing and advertising materials
• Logos and brand identities
• Social media content

The Provider supplies the technical infrastructure and access to various AI models. The quality and outcome of generations depend on various factors, including the user's inputs and the capabilities of the AI models used.

3. Registration and User Account

3.1 Registration

Use of the Platform requires registration of a user account. The user must provide truthful and complete information. In the event of changes, the user must update their data.

3.2 Access Credentials

The user must keep their access credentials confidential and protect them against access by third parties. If misuse is suspected, the user must inform the Provider immediately.

3.3 Minimum Age

Use of the Platform is permitted only for persons who are at least 18 years old or who have the consent of a legal guardian.

4.1 Prices and Subscription Plans

The Provider offers various subscription plans:

• Free Plan: Restricted use with limited credits
• Premium Plan: Extended features and more credits
• Pro Plan: Full access to all features
• Agency Plan: For agencies with multi-user management

All prices are in Swiss francs (CHF) or euros (EUR), depending on the selected currency, and include statutory VAT.

4.2 Payment Terms

Payments can be made using the following methods:

• Credit card (Visa, Mastercard, American Express)
• Debit card
• PayPal (coming soon)

Subscriptions renew automatically unless cancelled before the end of the term. Payment is made in advance for the relevant billing period (monthly or annually).

4.3 Credits and Usage Limits

Each subscription includes a monthly credit allowance. Credits are consumed for the following actions:

• Image generation (cost varies by model and resolution)
• Video generation
• Upscaling and image enhancement
• AI character creation

Unused credits expire at the end of the billing period and cannot be carried over. Additional credits can be purchased separately.

4.4 Cancellation

Subscriptions can be cancelled at any time via the user account. Cancellation takes effect at the end of the current billing period. No pro-rata refund is granted for the current period.

5.1 Right of Withdrawal

For an initial subscription, consumers have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

5.2 Refund for Technical Issues

In the event of technical issues that materially impair use of the Platform and cannot be remedied within a reasonable period, a pro-rata refund may be granted. This is determined on a case-by-case basis.

5.3 No Refund for:

• Already used credits or generations
• Dissatisfaction with the results of AI generation
• Cancellation during an ongoing billing period
• Breach of these Terms

5.4 Requesting a Refund

Refund requests must be submitted in writing by email to [email protected] with a detailed explanation and, if applicable, supporting documentation. We process requests within 5-10 business days.

6. Usage Rights and Copyright

6.1 Rights to Generated Content

The user receives a comprehensive, worldwide, perpetual license to use content generated via the Platform commercially and non-commercially, subject to the following conditions:

• The user must have an active, paid subscription (or have purchased credits)
• The content must not violate applicable law
• The content must not be used to create competing AI models

6.2 Uploaded Content

The user warrants that they hold all necessary rights to the uploaded content (images, logos, etc.) and are authorized to use them on the Platform.

6.3 Provider's Rights

The Provider obtains the right to use generated content (anonymized) for marketing purposes unless the user expressly objects. Uploaded reference images and personal data will not be used for marketing purposes.

The user undertakes:

• To use the Platform only for lawful purposes
• Not to generate offensive, violent, or discriminatory content
• Not to create content that infringes third-party rights
• Not to engage in automated access or API abuse
• Not to impair the technical infrastructure
• Not to disseminate false or misleading information

8. Liability and Warranty

8.1 AI-Generated Content

The Provider gives no warranty regarding:

• The quality and usability of the generated content
• The correctness or error-free nature of the results
• Compliance with specific requirements or expectations

AI models can produce unpredictable results. The user is responsible for reviewing and using the generated content.

8.2 Limitation of Liability

The Provider is liable only for gross negligence and intent. Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law.

8.3 Availability

The Provider strives for high availability of the Platform but cannot guarantee it. Maintenance work and technical issues may cause temporary outages.

9. Data Protection

Processing of personal data is carried out in accordance with our Privacy Policy, which forms an integral part of these Terms.

9a.1 Generated Content

All content generated by the user (images, videos, audio, text) is automatically stored in the user gallery. The Provider reserves the right to set per-user storage limits to ensure system performance and cost efficiency.

9a.2 Protected Generations

The following generations are exempt from automatic deletion ("Protected Generations"):

• Generations marked as favorite: Unlimited retention
• Generations saved in user projects: Retained as long as the project exists

9a.3 Automatic Deletion of Unprotected Generations

Unprotected generations may be automatically deleted when:

• Count limit: A user's generation count exceeds 1,000 (oldest unprotected first)
• Time limit: A generation is older than 6 months
• Inactivity: The user account has been inactive for more than 6 months

Automatic deletion takes place without prior notice. The user is, however, informed in the dashboard of upcoming limits.

9a.4 User Obligations

The user is responsible for:

• Securing important generations (by download, favoriting, or saving to a project)
• Using the account regularly if long-term data storage is desired

The Provider accepts no liability for the loss of unprotected generations. Deleted generations cannot be recovered.

9a.5 Legal Basis (GDPR)

Data storage is based on Art. 6(1)(b) GDPR (performance of contract), Art. 6(1)(f) GDPR (legitimate interest in system efficiency), and Art. 5(1)(e) GDPR (storage limitation).

10. Suspension and Termination

The Provider reserves the right to suspend or terminate user accounts in the event of breaches of these Terms. In the case of serious breaches, immediate suspension without prior notice will occur.

In the event of suspension due to a breach, there is no entitlement to a refund of amounts already paid.

11. Changes to the Terms

The Provider reserves the right to change these Terms at any time. Users will be informed of material changes by email or upon their next login. Continued use after notification constitutes acceptance of the amended Terms.

12. Final Provisions

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich, Switzerland.

Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall not be affected.