Terms & Conditions

This service includes subscriptions that automatically renew. Please read these Terms and Conditions of Use (the “T&C”) carefully (in particular, the Subscription Terms and Billing and Cancellation sections) before starting a subscription plan or completing a purchase for our auto-renewing subscription service. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the introductory offer or then-current subscription plan. Deleting the app does not cancel your subscriptions and subscription plans, including those at introductory rates.

FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES AND LIABILITIES (“DISCLAIMER OF RESULTS”) AND LIMITATION OF LIABILITY (“LIMITATION OF LIABILITY”).

Scope of Application

The provisions of the Terms and Conditions of use (hereinafter referred to as the “T&C”) govern the relationship between DATADREAMER AI INC., a Delaware corporation, having its registered address at 1111B S Governors Ave # 6766, Dover, DE 19904 United States (the “we”, “us”, “our” or the “Company”) and you (the “you”, “yours” or the “User”).

These T&C apply to the use of the Company’s website located at https://7art.ai/(the “Website”) and related subscription services on the website including but not limited to introductory offers, additional paid features, one-time credit purchases, and subscription plans (hereinafter referred to as the “Service”).

The Company reserves the right, in its sole discretion, to modify, alter or otherwise update these T&C or to change, delete or otherwise update any features of the Service, as well as set any price changes that will be effective from the start of the next subscription period.

We may provide you with notice about some critical changes, for example by email or by posting notifications on the Service, but are not obliged to do so in every case. Any other changes may be notified to you only by updating the “Last updated” date of these T&C and you waive any right to receive specific notice of each such change. If you don’t agree to the changes, you should stop using the Service.

These T&C establish a legally binding contractual relationship between you and the Company. To enter into a legally binding agreement with the Company, the User must be a natural person with legal capacity and 18 years of age or older.

Please also review our Privacy Policy and Subscription Terms. The terms of those policies are hereby expressly incorporated herein by reference.

IF YOU DO NOT AGREE WITH ANY PART OF THESE T&C AND OTHER SUPPLEMENTAL TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE T&C AND OTHER SUPPLEMENTAL TERMS, THEN DO NOT ACCESS OR USE THE SERVICE.

Services Description

The Company provides the Service through which the User obtains access to an AI Creator Studio enabling the creation of AI-generated artists, influencers, and characters, and the production of social-media content featuring those characters — including images, videos, music, voice-overs, lipsync animations, and other media — using state-of-the-art artificial intelligence models. All outputs produced by the Service in response to the User’s prompts or inputs are referred to as “Generated Content”.

The User is granted access to the Service upon registering for the Service, which may include introductory offers, additional paid features, one-time credit purchases, and subscription plans (monthly, annual, or otherwise, depending on the option you select at the time of purchase).

Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription plan by clicking on the subscription section in the profile tab after logging in to your account.

Certain features of the Service may be available on a subscription or one-time purchase basis for a fee. Subject to these T&C, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to use the Service. The use of Generated Content for personal and commercial purposes is permitted subject to these T&C, applicable law, and any rights or restrictions imposed by underlying AI model providers. The legal status of AI-generated outputs varies by jurisdiction; you are responsible for confirming the rights available to you in your country.

The User acknowledges that all the information, text, images, graphics, marks, logos, compilations, data, other content, software and materials available through the Service or used by the Company to operate the Service (excluding User Content and Generated Content owned or licensed to the User) is proprietary to us or to third parties.

The information, prompts, reference materials, and other inputs you submit to us when using the Service (the “User Content”) remain your intellectual property, and the Company makes no claim to the copyright or other proprietary rights in such User Content. You agree, notwithstanding the foregoing, that the Company may retain copies of all User Content and use such User Content as reasonably required or incidental to its operation of the Service, including transmission to AI model providers for the purpose of generating outputs, content-safety review, and compliance with applicable law, as described in these T&C and the Privacy Policy.

Acceptable Use

You agree not to use the Service to generate, transmit, store, or distribute content that:

• sexualizes, exploits, or endangers minors in any way (zero-tolerance policy; confirmed violations are reported to the relevant authorities);
• constitutes non-consensual sexual or intimate imagery, including deepfakes of real persons;
• depicts identifiable real persons (including public figures) without their explicit consent, in a manner intended to defame, defraud, harass, or impersonate them;
• promotes or facilitates violence, terrorism, self-harm, hate speech, or harassment;
• infringes any third party’s intellectual-property rights, trademarks, or rights of publicity;
• is fraudulent, deceptive, defamatory, misleading regarding its AI-generated nature where such disclosure is required by law, or otherwise unlawful;
• is intended to circumvent the safety filters, content moderation, or other technical protective measures of the Service;
• contains malware, viruses, or other harmful code.

The Company employs automated and manual content moderation on both inputs (prompts and reference materials) and outputs (Generated Content) to enforce this policy. Violations may result in immediate suspension or termination of the User’s account, forfeiture of any remaining credits, and reporting to law-enforcement authorities where required by law.

Third Party Ads

The Service may contain links to third-party websites or resources, as well as advertisements for third-party products or services (collectively, “Third Party Ads”). Such Third Party Ads are not under the Company’s control, and the Company is not liable for any Third Party Ads. The Company only provides these Third Party Ads as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations about them.

You accept sole responsibility for, and bear all risk associated with, your use of any such websites or resources. When you link to a third-party site, the terms and policies of the applicable service provider, including privacy and data collection practices, take precedence. Before proceeding with any transaction with a third party, you should conduct whatever investigation you believe is necessary or appropriate.

You hereby release us, our officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, property damage, and financial damage that is either directly or indirectly related to or arises from any interactions with or conduct of any Third Party Ads.

Subscription Terms and Fees

For our Services, we may offer a subscription plan at introductory rate (hereinafter referred to as the “introductory offer”), additional paid features, and subscription plans (monthly, annual, or otherwise, depending on the option you select at the time of purchase). Fees for Services are made on a subscription or one-time purchase basis.

Introductory offers provide you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the introductory offer, your access to the Service will automatically continue and you will be automatically charged a price for a monthly or annual subscription plan, depending on the option you select at the time of purchase.

The Service is offered on a credit-based model. Each subscription plan grants the User a fixed allotment of credits per billing period, which are consumed when the User generates content according to the credit price published on the pricing page.

Subscription plans are automatically renewed at the end of each specified billing period (month or year) unless you cancel earlier than 24 hours before the end of the current billing period. Money for the next period of use is debited 24 hours before the end of the current one.

For full subscription pricing, refund, and cancellation details, see the Subscription Terms.

Billing and Cancellation

Payment methods for the Services are billed by the Company via PayPal, Solidgate, Checkout, Adyen, or other payment providers.

The Company charges the applicable fees to the payment card you submit at the time of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen on our web page).

You authorize us to store your payment method(s) and automatically charge the applicable subscription fees to the payment card that you submit for the renewal term.

Unless you cancel before the end of the introductory offer, your access to the Service will automatically continue and you will be automatically charged a price for a subscription plan. It is ultimately your responsibility to know when the introductory offer will end.

You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account once credits have been consumed by generating content.

When you make the payment for the subscription services, you acknowledge and agree that all purchases are non-refundable or exchangeable. Since the Service is of a digital nature and credits are consumed immediately upon generation, we cannot accept any request for refunds for consumed credits and therefore your right of withdrawal is lost at that point. Notwithstanding anything to the contrary in the foregoing, the Company will provide refunds and/or subscription cancellations in cases and to the extent required by mandatory provisions of the applicable law.

To avoid being charged, cancel your subscription before the end of the then-current period. You may cancel your subscription purchased on our website in your profile.

Termination of Accounts

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your account and access to the Service, with or without prior notice, if we reasonably believe that:

• you have violated these Terms, the Acceptable Use Policy, or any applicable law or regulation;
• your conduct poses or could pose a risk of harm, liability, or disruption to us, other users, or third parties;
• your payment method is invalid, declined, or fraudulent;
• you are engaged in unauthorized, abusive, or fraudulent use of the Service;
• you have attempted to circumvent the Service’s content-moderation or safety mechanisms; or
• continued access to your account is otherwise not in the best interests of the Company or its users.

Upon termination:

• Your right to access and use the Service will immediately cease.
• All fees already paid are non-refundable, unless otherwise required by applicable law.
• Any unused or unconsumed credits are forfeited.
• We may retain your account information as permitted or required by law, including for fraud prevention, dispute resolution, and legal compliance.

We shall not be liable to you or any third party for suspension or termination of your account or access to the Service.

Compliance

The Services are provided in accordance with the laws of the State of Delaware, United States. We make no representation or warranty that the Service or the Generated Content is appropriate or available for use in other locations.

If you use the Services from a jurisdiction other than the laws of the State of Delaware, United States, you agree to do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Service, including any laws governing the use of artificial intelligence, AI-generated content, deepfake disclosure, or rights of publicity.

Data Protection

The Company collects, stores, and processes the User’s data in accordance with its Privacy Policy. The User agrees to the collection, storage, and processing of the data in the manner and for the purpose described in the Privacy Policy, including the transmission of prompts, reference materials, and Generated Content to third-party AI model providers as necessary to deliver the Service.

Copyright Statement

The Company copyrighted the product, including but not limited to all platform software, materials, logo, etc. Any redistribution or reproduction of part or all of the Services in any form is prohibited. Any other proposed use of the Services shall be granted by the Company in the form of formal written permission. This restriction does not apply to the User’s own User Content or to Generated Content lawfully produced through use of the Service in accordance with these T&C.

User Representations and Restrictions

By using the Service, you represent and warrant that:

• you have the legal capacity and you agree to comply with these T&C;
• you are not under the age of 18;
• you will not access the Service through automated or non-human means, except via interfaces and tools we expressly provide;
• you will not use the Service for any illegal or unauthorized purpose;
• you are not located in a country that is subject to sanctions or embargoes;
• you are not listed on any prohibited or restricted parties list;
• your use of the Service will not violate any applicable law or regulation;
• you have all necessary rights to any reference materials, images, audio, or other inputs you upload or submit to the Service, and your submission and processing of those inputs do not infringe any third party’s rights;
• you will comply with the Acceptable Use restrictions set forth in these T&C.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service.

You may not access or use the Service for any purpose other than that for which we make the Service available.

As a user of the Service, you agree not to:

• systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
• use the Service or its outputs to train or fine-tune any competing artificial-intelligence model, or for creating a product, service, or software that is competitive with or a substitute for the Service;
• circumvent, disable, or otherwise interfere with security-related features of the Service or its content-moderation systems;
• engage in unauthorized framing of or linking to the Service;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
• attempt to bypass any measures of the Service designed to prevent or restrict access;
• disparage, tarnish, or otherwise harm us and/or the Service;
• use the Service in a manner inconsistent with any applicable laws or regulations;
• use or access the Service if you are located in a jurisdiction that is subject to U.S., EU, UK, or UAE sanctions, or if you are listed on any restricted party list issued by these authorities;
• otherwise infringe these T&C.

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING ANY GENERATED CONTENT).

NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Disclaimer of Results

You acknowledge and agree that your use of the Service, including any Generated Content produced by the AI models accessible through the Service, is at your sole risk. While we strive to provide a reliable platform, we do not make any guarantees, representations, or warranties, express or implied, regarding:

• the accuracy, completeness, originality, or quality of any Generated Content;
• the suitability of the Service or Generated Content for your individual needs, business, or objectives;
• the absence of bias, factual errors, hallucinations, or unexpected outputs from the underlying AI models;
• any specific outcomes, professional achievements, audience growth, commercial success, or other results that may be obtained through the use of the Service;
• the continuous availability, error-free operation, or security of the Service;
• the ownership or copyright status of Generated Content under your local jurisdiction.

Generated Content is produced by artificial-intelligence systems that may produce inaccurate, misleading, or otherwise inappropriate results. You are solely responsible for reviewing all Generated Content before publishing, distributing, or otherwise relying on it, and for ensuring that your use of Generated Content complies with all applicable laws (including, where applicable, requirements to disclose that content is AI-generated).

To the maximum extent permitted by applicable law, the Company expressly disclaims any liability for losses, damages, or claims arising out of or in connection with reliance on the Service or any Generated Content.

Indemnification

You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, suppliers, licensors, partners, and employees harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content or Generated Content (including content alleged to infringe third-party rights or violate the Acceptable Use Policy), or (iii) your violation of these T&C.

Dispute Resolution Procedures

PLEASE READ THIS SECTION CAREFULLY — IT GOVERNS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED.

BY ACCEPTING THESE TERMS, YOU WAIVE (i) THE RIGHT TO PARTICIPATE IN A CLASS ACTION AND (ii) THE RIGHT TO A JURY TRIAL. ALL DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION, UNLESS YOU EXERCISE YOUR RIGHT TO OPT OUT AS DESCRIBED BELOW.

You and the Company (“we”) agree to resolve any Dispute — defined as any claim, controversy, or legal action arising from your use of the Services, or these Terms — exclusively through binding arbitration, except for: (i) claims that qualify for small claims court (as long as they are individual, not class actions), and (ii) matters concerning intellectual property. Disputes also include disagreements about the scope, validity, or enforceability of this arbitration provision.

Mandatory Pre-Filing Notice

Before filing arbitration, you and we agree to attempt to resolve disputes informally:

1.You must first send us a written notice (“Notice”) including:

• your full name, address, and email;
• a description of the dispute and relevant facts (e.g., account details, screenshots);
• the remedy you seek, including any monetary claims;
• a personally signed verification that the information is accurate.

The Notice must be individualized and concern only your own claim. Notices must be sent to support@7art.ai. If we send a Notice to you, it will go to the contact details associated with your account.

2. After receiving a Notice, both parties will engage in good-faith negotiations for 60 days (extendable by mutual agreement). At least one individualized video conference (via Zoom, Teams, etc.) must be held. If you are represented by counsel, you must still personally attend. If video is impossible, a phone call may be substituted with written confirmation.

3. If the Dispute is not resolved after this process, either party may proceed to arbitration. Compliance with this procedure is a mandatory condition before arbitration.

What is Arbitration?

Arbitration is a private dispute resolution process before a neutral arbitrator instead of a judge or jury. Discovery is limited, appeals are rare, and the arbitrator’s award is binding. Arbitrators can grant the same individual remedies as courts (e.g., damages) but cannot issue broad injunctive relief.

The Federal Arbitration Act governs interpretation and enforcement of this clause. Arbitration survives termination of these Terms.

Class Action and Jury Waiver

To the fullest extent allowed by law, you and the Company waive the right to: (i) a jury trial; and (ii) bring or join class, collective, or representative actions. Arbitration will proceed only on an individual basis.

Arbitration Procedure

The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Arbitration Agreement, and will be administered by NAM. The NAM Rules are available online at www.namadr.com or by requesting them in writing at the Notice address listed above.

If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. § 5.

You and we agree that the party initiating arbitration must submit a written certification that they have complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures requirements enclosed with any demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their attorney, if represented).

The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules. You and the Company agree to comply with the following rules: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing or the arbitrator decides that a formal hearing is necessary; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings.

Fees

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.

Confidentiality

Upon either your or our request, the Arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.

Settlement Offers and Offers of Judgment

At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.

Additional Procedures for Mass Arbitration Filings

If ten (10) or more similar claims are asserted against the Company by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of “Mass Filings” set forth in the NAM Rules, additional procedures shall apply, and the resolution of your dispute might be delayed. The parties further commit to acting in good faith to adhere to the procedures established in this section.

Bellwether Arbitrations for Mass Filings

Bellwether proceedings are encouraged where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated as the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

Global Mediation in Mass Filings

Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation.

Severability

If any part of this Mass Arbitration provision is declared invalid, void, or unenforceable, then that provision is severable from the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions.

Governing Law

Except where otherwise prohibited by law, these Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).

Miscellaneous Provisions

If any delay in the service provision will arise in the event out of the Company’s control (unforeseeable circumstances), proper notification of users will be made as soon as possible. Adequate notification and minimization effect actions exclude the Company’s liability for such delays.

Occasional addition, change, or removal of the Service feature(s) may occur, and the Company will make all reasonable actions.

We may change all the information provided on the Service at our sole discretion without notice. We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and the Company regarding the Service.

Contact us

DataDreamer AI Inc.
1111B S Governors Ave # 6766
Dover, DE 19904, United States
support@7art.ai