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.

4.1 Prices and Subscription Plans

The Provider currently offers the following subscriptions (scope and prices are shown on the pricing page):

• Creator: monthly credit allowance for individuals
• Studio: larger allowance, unused credits are kept for 2 months
• Business: largest allowance, unused credits are kept for 3 months
• Enterprise: individual allowance by agreement

All prices are in euros (EUR) plus statutory VAT. The tax is calculated during checkout and shown before purchase.

4.2 Payment Terms

Payments are processed by the payment provider Stripe:

• Credit and debit card
• other payment methods offered by Stripe during checkout

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 subscription credits expire at the end of the billing period, after 2 months on the Studio plan and after 3 months on the Business plan. On cancellation, subscription credits expire when the subscription ends. Additional credits can be purchased separately; they expire 12 months after purchase. Credits cannot be transferred or paid out.

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 Withdrawal Information for Consumers

Consumers have a right of withdrawal as set out below (a consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession):

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Freycreate GmbH, Buckhauserstrasse 34, 8048 Zürich, Switzerland, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

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 Outside the right of withdrawal (5.1), 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.

All images, videos, audio and text content created via the platform ("works") are generated or substantially modified by artificial-intelligence systems.

freycreate automatically embeds an invisible, machine-readable marking in every generated work identifying it as AI-generated (Art. 50(2) of Regulation (EU) 2024/1689, the "AI Act"). Users must not remove, alter or suppress this marking.

Anyone who publishes an AI-generated work that deceptively realistically depicts existing or realistic-appearing persons, objects, places, beings or events is required under Art. 50(4) AI Act to clearly disclose its artificial origin. This duty rests with the publisher, not with freycreate. It applies in particular – but not only – to advertising, testimonials and depictions of products or services.

freycreate provides a visible AI label for this purpose, which users can select when downloading any image or video (except logos, which carry only the machine-readable label) and activate as a default setting in their profile. Whether and how a published work is disclosed is the user's decision; freycreate does not review or monitor publications.

The user shall indemnify freycreate against third-party claims and regulatory measures, including reasonable costs of legal defence, insofar as these arise from the user's failure to comply with the disclosure duty under this section or from the removal, alteration or suppression of the machine-readable marking. This does not apply to the extent the user is not responsible for the breach.

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 created in the app (images, videos, audio, text) is automatically stored in the user's account. It is kept until the user deletes it or deletes the account. The Provider reserves the right to introduce storage limits per account and will announce them in advance.

9a.2 Protected Generations

Works created via the interface (MCP/API) are exempt from automatic deletion under 9a.3 if they are:

• marked as favorite: they are kept until the user deletes them
• saved in a project: they are kept as long as the project exists

9a.3 Automatic Deletion

The Provider does not automatically delete works created in the app. Only the following are deleted automatically:

• Works from the interface (MCP/API): 7 days after creation, unless protected under 9a.2
• Files uploaded via the interface: 48 hours after upload, unless adopted as a product, character or logo
• Deleted brands and characters: brands are removed from the app after 7 days (restorable until then), their backup including files after a further 30 days; characters after 7 days in the trash

These deletions take place without separate notice.

9a.4 User Obligations

The user is responsible for:

• Securing important works (by download, favorite or project)
• Saving works from the interface in time, within the period under 9a.3

Works deleted after the periods in 9a.3 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. For consumers habitually resident in the EU, this choice of law applies only insofar as it does not deprive them of the protection of the mandatory provisions of their country of residence. The place of jurisdiction for businesses is Zurich, Switzerland; for consumers the statutory places of jurisdiction apply.

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