Terms of Service

1. Scope and Acceptance

These Terms of Service ("Terms") govern your access to and use of Wixma.ai, including our website, accounts, credit system, AI image and video generation, editing, enhancement, and related services (the "Service"). By creating an account, purchasing credits or subscriptions, or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

2. Contracting Entity

The Service is provided by:

Wixma.ai
operated by Dennis Kral e.U.
Spitalgasse 2
3500 Krems an der Donau, Lower Austria, Austria
Email: [email protected]
Web: wixma.ai
Legal form: Sole proprietorship (e.U.)
Business purpose: IT services, software development, artificial-intelligence services
VAT ID: ATU76883428
Court of jurisdiction: Krems an der Donau

3. Description of the Service

Wixma.ai provides AI-powered software tools for generating, editing, transforming, and enhancing visual content. The Service may use third-party AI models and infrastructure providers, including OpenAI, Google AI, Fal.ai, RunPod, and similar providers. Features, models, prices, credit costs, output quality, and availability may change over time.

4. Eligibility and Accounts

• You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Service.
• You must provide accurate account and billing information and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity under your account, including prompts, uploads, outputs, purchases, and publications.
• You must notify us immediately if you suspect unauthorized access to your account.

5. Credits, Subscriptions, and Payments

The Service operates on a credit-based system. Credits are consumed when you use paid generation or editing features. Payments, subscriptions, invoices, and selected tax calculations are processed by Stripe.

• Credit use: Credit costs may vary by model, quality, resolution, duration, feature, or provider cost.
• Subscriptions: Subscription credits and benefits apply according to the plan displayed at checkout or in your account.
• No cash value: Credits are digital usage units, are not legal tender, and cannot be exchanged for cash.
• Failed generations: We may refund credits automatically or manually where a paid generation fails due to a technical error attributable to the Service.
• Final sales: Because credits provide immediate access to digital computing resources, purchases are final and non-refundable except where required by mandatory consumer law.
• Price changes: We may change prices, credit packages, model costs, and plan benefits prospectively at any time.
• Taxes: You are responsible for taxes, duties, or similar charges except where collected by Stripe or us at checkout.

6. Right of Withdrawal for Consumers

If you are a consumer in the European Union, you may have a statutory right of withdrawal for certain online purchases. However, when you request immediate performance of digital services or digital content and acknowledge that performance may begin before the withdrawal period expires, your right of withdrawal may expire once the digital service has been fully performed or credits have been consumed. Mandatory consumer rights remain unaffected.

7. User Content and Rights

• Your input: You retain rights you already hold in prompts, images, reference files, masks, and other content you upload.
• License to operate: You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, store, transmit, modify, and process your input and outputs solely as necessary to provide, secure, improve, and support the Service and comply with law.
• Your responsibility: You represent that you have all rights, licenses, permissions, and consents required for the content you upload and for the instructions you give the Service.
• Generated content: To the extent permitted by law and subject to your compliance with these Terms and full payment, you may use generated content for personal or commercial purposes.
• No guarantee of exclusivity: AI systems may generate similar or identical outputs for other users. We do not guarantee that any output is unique, protectable, non-infringing, or suitable for a specific purpose.
• Review required: You are responsible for reviewing outputs before publication, sale, advertising use, or other reliance.

8. AI Output Disclaimer

AI-generated outputs may be inaccurate, unrealistic, offensive, biased, incomplete, legally restricted, or inconsistent with your prompt. We do not provide legal, professional, creative clearance, trademark, copyright, advertising, or regulatory advice. You are solely responsible for determining whether your inputs and outputs can be lawfully used in your intended context.

9. Acceptable Use Policy

You must not use, attempt to use, or assist others in using the Service to create, upload, process, distribute, or promote:

• Child sexual abuse material, sexualized depictions of minors, or content exploiting or endangering children.
• Non-consensual sexual content, intimate deepfakes, harassment, stalking, blackmail, or humiliation.
• Content that infringes copyrights, trademarks, personality rights, privacy rights, trade secrets, or other rights.
• Fraud, impersonation, phishing, scams, misleading commercial practices, forged documents, or deceptive identity use.
• Hate, extremist, terrorist, violent, threatening, or discriminatory content.
• Instructions for illegal acts, weapons, self-harm, abuse, or evasion of law enforcement.
• Political manipulation, voter deception, or misleading public-interest content.
• Malware, automated abuse, scraping, reverse engineering, model extraction, or attempts to bypass security controls.
• Any content or activity that violates applicable law, third-party terms, or these Terms.

We may remove content, block generations, suspend or terminate accounts, revoke credits, refuse refunds, and report serious violations to authorities where required or appropriate.

10. Availability, Changes, and Third-Party Services

We aim to keep the Service available, but we do not guarantee uninterrupted access, specific generation times, model availability, output quality, or compatibility with all devices. The Service depends on third-party providers and infrastructure. We may modify, suspend, replace, limit, or discontinue features, models, providers, prices, or the Service as a whole at any time where reasonably necessary for technical, security, legal, business, or provider-related reasons.

11. Suspension and Termination

We may suspend, restrict, or terminate your account or access to the Service if we reasonably believe that you violated these Terms, applicable law, third-party rights, payment obligations, security requirements, or provider policies. You may stop using the Service at any time. Termination does not affect accrued payment obligations, legal claims, or provisions intended to survive termination.

12. Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We do not warrant that outputs will be accurate, lawful for your intended use, free from third-party claims, commercially successful, or suitable for a particular purpose.

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, punitive, reputational, business interruption, loss of profits, loss of data, or loss of opportunity damages. Nothing in these Terms limits liability that cannot be limited under mandatory law, including liability for intent, gross negligence where legally required, death or personal injury caused by negligence, or mandatory consumer rights.

13. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from claims, damages, losses, liabilities, costs, and expenses arising from your content, outputs, use of the Service, breach of these Terms, violation of law, or infringement of third-party rights.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Austria, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Unless mandatory consumer protection rules provide otherwise, the competent courts in Krems an der Donau, Austria, have jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms, unless mandatory law requires a different process.

16. Contact

For questions about these Terms, contact us at [email protected].