Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and M42 DIGITAL LTD ("M42 DIGITAL", "we", "us", or "our"), concerning your access to and use of our website, APIs, AI models, and related software applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. You agree to:

• Provide true, accurate, current, and complete registration information.
• Maintain the security and confidentiality of your password and API keys.
• Promptly notify us if you discover or otherwise suspect any security breaches related to your account.
• Take ultimate responsibility for all activities that occur under your account and accept all risks of unauthorized access.

3. AI Services and Output Usage

Our platform provides audio, image, and language AI processing capabilities.

• Inputs and Outputs: You may provide prompts, scripts, audio, images, or text to the Services ("Input"), and receive generated responses, audio files, images, or text ("Output"). As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, M42 DIGITAL assigns to you all its right, title, and interest in and to the Output.
• Similarity of Output: Due to the nature of machine learning, Output may not be unique across users, and the Services may generate the same or similar output for M42 DIGITAL or a third party.
• Accuracy and Nature of AI: You understand that the Services utilize machine learning models that generate probabilistic Outputs. We do not guarantee the accuracy, factual correctness, or appropriateness of the Output. You should independently verify the Output before relying on it for critical or sensitive matters.

4. Acceptable Use Policy

You agree not to use the Services in a way that is harmful, malicious, or violates the rights of others. Specifically, you may not use the Services to:

• Generate, promote, or distribute illegal content, including child sexual abuse material (CSAM) or content that exploits children.
• Generate hateful, harassing, or discriminatory content, or incite violence against individuals or groups.
• Create deepfakes, impersonate individuals without consent, or generate deceptive, defamatory, or highly misleading content (including political misinformation).
• Develop competing foundation models, attempt to reverse engineer our models, or extract underlying model weights, architectures, or algorithms.
• Bypass, circumvent, or disable any rate limits, security features, or content moderation filters implemented by M42 DIGITAL.

We reserve the right to suspend or terminate your access immediately, without notice, for any violation of this Acceptable Use Policy.

5. Intellectual Property

M42 DIGITAL retains all rights, title, and interest in and to the Services, including our software, APIs, website, proprietary AI models, logos, trademarks, and documentation. You may not copy, modify, distribute, sell, or lease any part of our Services without explicit written consent.

6. Payment and Billing

If you purchase a premium subscription, API credits, or enterprise services, you agree to pay all fees in accordance with the pricing and billing terms presented to you at the time of purchase. All payments are non-refundable unless otherwise explicitly stated or required by law. We reserve the right to change our prices at any time by providing notice to you.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, M42 DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT SHALL M42 DIGITAL, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold M42 DIGITAL harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) your violation of the rights of a third party, including intellectual property rights; or (4) any harmful act toward any other user of the Services with whom you connected via the Services.

10. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of England and Wales applicable to agreements made and to be entirely performed within England and Wales, without regard to its conflict of law principles. Any legal action or proceeding related to the Services shall be brought exclusively in the courts located in London, United Kingdom.

11. Modifications to the Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. We will alert you about any changes by updating the "Effective Date" of these Terms, and you waive any right to receive specific notice of each such change. Your continued use of the Services after such changes are posted indicates your agreement to the modified Terms.

12. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

M42 DIGITAL LTD
128 City Road
London, EC1V 2NX
United Kingdom
Email: legal@m42digital.com