Terms of Service

BY USING SPICYAPI, YOU ACKNOWLEDGE AND AGREE THAT:

6.1 Sole Responsibility: You are SOLELY and EXCLUSIVELY responsible for all content generated using your API key, including its creation, distribution, moderation, and compliance with applicable laws.

6.2 Content Moderation: You are SOLELY responsible for implementing robust content moderation systems, age verification mechanisms, and safety measures when serving generated content to end users.

6.3 Legal Compliance: You are SOLELY responsible for ensuring that all generated content and its distribution complies with all applicable local, state, national, and international laws, including but not limited to those concerning deepfakes, synthetic media, child protection, non-consensual intimate imagery, revenge porn, bestiality, privacy, and intellectual property.

IMPORTANT: Detailed prohibited content and use restrictions are specified in our Acceptable Use Policy, which forms an integral part of these Terms.

Key prohibitions include but are not limited to:

• Any content depicting, suggesting, or appearing to depict minors or "young-looking" individuals
• Images or video of real people, with or without their consent, and voice clones made without the speaker's documented written consent
• Non-consensual content, deepfakes, or revenge porn
• Importing, uploading, or otherwise submitting any image of a real person, or any image derived from a photograph or video of a real person, whether or not that person consents
• Bestiality, incest, necrophilia, or extreme violence
• Copyright or trademark infringement

Violations result in immediate termination, permanent ban, and potential law enforcement referral. We employ automated monitoring and maintain comprehensive logs for legal compliance.

THIS SCHEDULE APPLIES ONLY TO ACCOUNTS ON WHICH WE HAVE ENABLED THE IMPORT FEATURE. IT CONTAINS WARRANTIES, AN UNCAPPED INDEMNITY AND REPORTING PROVISIONS. READ IT BEFORE SUBMITTING ANY IMAGE.

S1.1 Definitions:In this Schedule: "Import Authorisation" means our written confirmation (including by email, or by enabling the Import Feature in our systems) that the Import Feature is enabled on a specified account, for the period and number of imports we set; "Imported Image" means any image, file or other material submitted, or caused to be submitted, through the Import Feature, whether uploaded or fetched from a URL; "Imported Character" means any character, reference sheet, descriptor or other material we create from an Imported Image; "Derived Output" means any Output generated using an Imported Character, and any Output generated from such Output; "Real Person" means any actual human being, living or dead, whether or not identifiable, famous or consenting; and "business day" means a day other than a Saturday, Sunday or public holiday in England.

S1.2 Discretion and No Entitlement: The Import Feature is an exception to section 2.1 that we offer at our sole discretion. We may refuse any request for it, and may at any time, with or without notice or reason and without liability to you, limit, suspend or withdraw any Import Authorisation, hold or refuse any Imported Image, and remove any Imported Character or Derived Output. An Import Authorisation ends automatically at the end of its period or when its number of imports has been used. Fees charged for imports are non-refundable, including where an import is held, refused after processing, or later removed.

S1.3 Permitted Purpose: You may use the Import Feature solely to migrate characters from your own library that existed before the Import Authorisation was granted, unless we agree otherwise in writing. You must operate the Import Feature yourself, through your own personnel and systems. You must not make the Import Feature available to your end users, directly or indirectly, must not allow any end user or other third party to select or supply images for it, and must not use it to build or operate any feature that accepts images from end users.

S1.4 Your Warranties:Each time an Imported Image is submitted under your account, you represent and warrant to us, at the time of submission and on a continuing basis, that: (a) the Imported Image is wholly synthetic, meaning that it was generated by artificial intelligence or created as an original illustration or 3D render, and depicts only fictional characters; (b) it does not depict any Real Person, and was not generated, edited, conditioned, trained or referenced from any photograph, video, likeness or other image of a Real Person, including by face swap, identity reference, "reference photo", fine-tuning or any similar technique; (c) every person depicted is a fictional adult who is, and is clearly presented as, at least 18 years old, and nothing in the Imported Image suggests otherwise; (d) it complies with the Acceptable Use Policy and with all laws that apply in every jurisdiction in which you operate or your end users are located; (e) you own it or hold every right, licence and permission needed to submit it and to grant the licence in section S1.9, and our processing of it, and of any Imported Character and Derived Output, will not infringe any intellectual property, privacy, publicity, data protection or other right of any person; (f) it contains no personal data of any natural person; and (g) you hold the records described in section S1.5.

S1.5 Provenance Records and Audit: For each Imported Image you must keep, for at least six years after it is submitted, records that evidence its synthetic origin, including the tool or model used to create it, the date it was created, the prompts or source files used, and any reference images or other inputs used. You must provide those records, and any other information we reasonably request about an Imported Image or your use of the Import Feature, within five business days of our request, or within 24 hours where we tell you that the request concerns a suspected minor or Real Person. If you do not, we may treat the Imported Image as having been submitted in breach of this Schedule.

S1.6 Attestation: The consent attestation required with each import request (for example consent: true) is a representation made by you, not by any end user, and confirms the warranties in section S1.4 for every Imported Image in that request. It is given by electronic means, binds you as if signed by you, and is recorded by us with the time, the API key used, the version of these Terms your account accepted and any identifier you supply. You are responsible for every import made with your API keys or through your account, whether or not you authorised it.

S1.7 Our Screening Is Not Approval: We may, but are not obliged to, screen Imported Images with automated systems and human review, including automated analysis that estimates apparent age, detects whether an image appears to be a photograph or to depict a real or recognisable person, and detects other prohibited content, and we may hold any import for review. Screening is a safeguard for our own benefit, not a service to you, and it is imperfect. That an Imported Image passes screening, or that we approve it or do not remove it, is not an acknowledgement that it complies with this Schedule, does not waive any of our rights, and does not reduce or transfer any of your responsibilities. You must not rely on our screening in any way.

S1.8 Breach, Removal and Reporting:A breach of any of sections S1.3 to S1.6 is a material breach of these Terms that is not capable of remedy. On any actual or suspected breach, or any other risk we identify, we may without notice: (a) withdraw the Import Authorisation; (b) remove any Imported Image, Imported Character and Derived Output, including Derived Output already delivered to you, in which case you must promptly delete and stop using it and take every step within your control to ensure that your end users do the same; (c) suspend or terminate your account under section 15.2; and (d) set off any amount you owe us under this Schedule against your account balance. We will report apparent child sexual abuse material, and may report any other suspected unlawful content, to the National Center for Missing & Exploited Children, the Internet Watch Foundation, the police and any other competent authority, and may disclose to them, and to any person entitled to it by law, the Imported Images, your account details, attestations, logs, IP addresses and any other information we hold. We will cooperate with any lawful investigation. We may also act on a complaint from anyone who says they are depicted in an Imported Character or Derived Output, and may remove content on that basis without first verifying the complaint.

S1.9 Licence, Blocklists and Retention: You grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable licence to host, store, copy, analyse (including by the automated means described in section S1.7), transmit to our service providers, transform (including to create reference sheets and descriptors), retain and disclose Imported Images, for the purposes of providing the Import Feature, enforcing these Terms, preventing abuse, complying with law, and establishing, exercising or defending legal claims. We may add the content hashes of Imported Images that fail screening to blocklists used across the Services. We may retain Imported Images, their content hashes and metadata, screening results, attestations and related logs for as long as the Imported Character exists and for six years afterwards, or for longer where the law requires it or legal claims are pending, and we may delete any of them at any time.

S1.10 Data Protection: You warrant under section S1.4(f) that no Imported Image contains personal data. If, in breach of this Schedule, an Imported Image contains personal data, including an image of a Real Person: (a) you are the controller of that personal data and solely responsible for having a lawful basis and any consent required for it, including for any special category or biometric data; (b) our processing of it for screening, enforcement, reporting and legal compliance is carried out to comply with our own legal obligations and for our legitimate interests in preventing abuse of the Services; and (c) your indemnity in section S1.12 applies to any claim, complaint or regulatory action arising from it.

S1.11 Record-Keeping Laws (18 U.S.C. 2257): You warrant under section S1.4 that no Imported Image depicts an actual human being. If any Imported Image, Imported Character or Derived Output nonetheless depicts an actual human being engaged in actual or simulated sexually explicit conduct, then, as between you and us, you are the producer of that depiction for the purposes of 18 U.S.C. 2257 and 2257A, 28 C.F.R. Part 75 and any equivalent law, and you are solely responsible for every age verification, consent, record-keeping, labelling and other obligation that applies to it.

S1.12 Indemnity: Without limiting section 11.2, you will indemnify, defend and hold harmless SpicyAPI, its affiliates, and their officers, directors, employees and agents from and against all claims, demands, investigations, proceedings, losses, damages, fines, penalties, liabilities, costs and expenses (including legal fees and the costs of investigation, review, takedown, notifying affected persons and responding to regulators and law enforcement) arising out of or in connection with: (a) any Imported Image, Imported Character or Derived Output; (b) any breach of this Schedule; or (c) any allegation that any of them depicts a Real Person or a minor, infringes any right, or is unlawful. This indemnity is not subject to any cap or limitation in these Terms.

S1.13 Our Liability:The Import Feature is provided "as is", as an accommodation, without any warranty. To the maximum extent permitted by law, we have no liability to you in connection with the Import Feature, including for any refusal, hold, delay, removal or withdrawal, any loss of Imported Characters or Derived Output, or the consequences of any of them. Nothing in this Schedule excludes or limits any liability that cannot be excluded or limited under applicable law.

S1.14 Scope, Survival and Precedence: This Schedule applies to every Imported Image submitted under any account, whether or not an Import Authorisation was in force at the time. Sections S1.4 to S1.14 survive the end of any Import Authorisation and the termination of these Terms. This Schedule prevails over any conflicting provision of these Terms or of any policy incorporated into them, to the extent of the conflict.