1. Definitions and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Rhovium LLC, a limited liability company organized under the laws of the State of Wyoming, United States (“Rhovium,” the “Company,” “we,” “us,” or “our”), governing your access to and use of Sculpty. Unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them in this Section.

“Service” means Sculpty, the Company’s AI-assisted 3D model generation platform available at https://sculpty.ai, together with all related products, services, applications, platforms, and websites owned, operated, or controlled by the Company in connection therewith, including any updates, modifications, or enhancements thereto.

“Prompt” means any text, description, instruction, image, file, or other input that you submit to the Service for the purpose of generating, transforming, or processing 3D content.

“Generated Assets” means the 3D models, meshes, geometries, textures, materials, preview renders, and associated files (including, without limitation, files in GLB, GLTF, STL, OBJ, FBX, or similar formats) produced by or through the Service in response to your Prompts.

“Your Content” means, collectively, your Prompts and, as between you and the Company, your Generated Assets, together with any other text, files, images, or materials that you create, upload, submit, or otherwise generate through or in connection with the Service.

“AI Providers” means the third-party artificial intelligence service providers, platforms, model developers, APIs, and tools whose generation capabilities the Company aggregates, integrates, or otherwise makes accessible through the Service. As of the effective date of these Terms, AI Providers include, by way of example and without limitation, Meshy. The specific AI Providers integrated with the Service are subject to change at any time, at the Company’s sole discretion, as new engines are onboarded or existing engines are discontinued.

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Company’s Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Service.

2. Eligibility

The Service is available only to individuals who are at least thirteen (13) years of age. If you are between thirteen (13) years of age and the age of legal majority in your jurisdiction of residence, you may use the Service only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By accessing or using the Service, you represent and warrant that you meet the foregoing eligibility requirements and, where applicable, that such parental or guardian consent has been obtained. Purchases of Paid Features may only be made by individuals who have reached the age of legal majority in their jurisdiction or by a parent or legal guardian on a minor’s behalf.

If you are accessing or using the Service on behalf of a legal entity (including, without limitation, a corporation, partnership, or limited liability company), you represent and warrant that you are duly authorized to bind such entity to these Terms, and all references to “you” or “your” herein shall refer to both you individually and such entity.

3. Account Registration, Google Sign-In, and Security

Certain features of the Service require you to create an account. Account registration and authentication are performed through Google Sign-In (OAuth 2.0). By signing in with your Google account, you authorize Google to share certain profile information with the Company (including your name, email address, and profile photograph) as described in the Privacy Policy, and you acknowledge that your use of Google Sign-In is additionally subject to Google’s own terms of service and privacy policy.

You agree to provide accurate, current, and complete information in connection with your account and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the security of the Google account used to access the Service and for all activities that occur under your Sculpty account, whether or not authorized by you. You agree to notify the Company immediately upon becoming aware of any unauthorized access to or use of your account. The Company shall not be liable for any loss or damage arising from your failure to safeguard your credentials or to comply with the foregoing obligations.

The Company reserves the right to suspend, disable, or terminate any account at any time if the Company reasonably believes that (a) the information associated with the account is inaccurate, incomplete, or fraudulent; (b) the account has been compromised; or (c) continued access would violate these Terms or applicable law.

4. Licence to Use the Service

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for your personal or internal business purposes. This licence does not include any right to: (a) modify, adapt, translate, reverse-engineer, decompile, or disassemble any portion of the Service; (b) reproduce, distribute, publicly display, or create derivative works based upon the Service (as distinct from your Generated Assets, which are addressed in Section 6); (c) access or use the Service to build a competitive product or service, or to train, fine-tune, or benchmark a competing machine-learning model; or (d) circumvent, disable, or otherwise interfere with any security, access control, credit-metering, or usage-limiting features of the Service.

All rights not expressly granted herein are reserved by the Company. Nothing in these Terms shall be construed as conferring any licence or right under any patent, copyright, trademark, or other intellectual property right of the Company, except as expressly set forth herein.

5. Prompts and Your Content

5.1 Your Ownership Rights

You retain all right, title, and interest — including all intellectual property rights, to the extent such rights exist — in and to your Prompts and any materials you upload to the Service. Nothing in these Terms shall be construed as transferring any ownership rights in Your Content from you to the Company.

5.2 Licence Grant to the Company

By submitting, uploading, or otherwise making Your Content available through the Service, you grant the Company a limited, non-exclusive, worldwide, royalty-free, fully paid-up, revocable licence to host, store, reproduce, process, transmit, and display Your Content solely to the extent necessary to: (a) provide, operate, maintain, and improve the Service, including rendering previews and format conversions of Generated Assets; (b) transmit your Prompts and associated inputs to the applicable AI Provider(s) to fulfill your specific generation requests; and (c) comply with the Company’s legal obligations. Except as set forth in Section 6.4 (Free Plan Licence), this licence terminates automatically upon your deletion of Your Content or closure of your account, subject to the retention periods set forth in the Privacy Policy.

5.3 Your Representations

You represent and warrant that: (a) you own or have obtained all rights, licences, consents, and permissions necessary to submit Your Content to the Service and to grant the licence set forth in Section 5.2; (b) Your Content, including any Prompt referencing or incorporating third-party material, does not and shall not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; and (c) Your Content does not contain any material that is unlawful, defamatory, obscene, threatening, or otherwise objectionable under applicable law.

5.4 User Responsibility for Copyright and Intellectual Property Compliance

You are solely and exclusively responsible for ensuring that Your Content, your Prompts, and your use of Generated Assets comply with all applicable copyright, trademark, design, patent, and other intellectual property laws, regulations, and treaties in your country of residence and in any jurisdiction where Your Content or Generated Assets are created, distributed, sold, manufactured (including by 3D printing), or otherwise made available. This obligation includes, without limitation, refraining from prompting the Service to reproduce protected characters, branded products, trade dress, or other third-party works, and obtaining all necessary licences, permissions, clearances, and consents from rights holders before commercially exploiting any Generated Asset that may embody third-party rights.

You acknowledge and agree that: (a) the Company does not monitor, verify, or validate whether Your Content, your Prompts, or your use of Generated Assets comply with applicable intellectual property laws; (b) the Company has no obligation to assess, advise on, or ensure the legality of Your Content or Generated Assets in any jurisdiction; (c) nothing in the Service or these Terms constitutes legal advice or a representation by the Company that your use is lawful; and (d) the Company, its officers, directors, employees, agents, affiliates, successors, and assigns shall bear no liability whatsoever — and you hereby irrevocably waive and release any and all claims against the foregoing parties — for any copyright or other intellectual property infringement or related legal claim arising from or in connection with Your Content, your Prompts, your Generated Assets, or your use of the Service, regardless of whether the Company had knowledge of or could have reasonably foreseen such infringement.

6. Generated Assets — Ownership, Licence, and Limitations

6.1 Ownership of Generated Assets

As between you and the Company, and subject to your compliance with these Terms (including payment of any applicable fees), the Company hereby assigns to you all of its right, title, and interest, if any, in and to the Generated Assets produced in response to your Prompts, and you own such Generated Assets to the maximum extent permitted by applicable law. This assignment is subject to: (a) the licence you grant to the Company under Section 5.2 and, where applicable, Section 6.4; (b) the terms of the applicable AI Provider(s) through which the Generated Assets were produced; and (c) the inherent limitations described in Section 6.2 below.

6.2 Nature of AI-Generated Output; No Guarantee of Uniqueness or Protectability

You acknowledge and agree that Generated Assets are produced by machine-learning systems and that, by their nature: (a) outputs are not unique — the same or similar Prompts submitted by you or by other users may produce the same, substantially similar, or closely related Generated Assets, and the Company cannot and does not guarantee exclusivity in any output; (b) outputs may not be protectable — under the laws of certain jurisdictions (including, as of the effective date of these Terms, the position taken by the United States Copyright Office with respect to works generated by artificial intelligence without sufficient human authorship), purely AI-generated works may not be eligible for copyright or other intellectual property protection, and the Company makes no representation or warranty that you will be able to register, enforce, or otherwise assert intellectual property rights in any Generated Asset; (c) outputs may unintentionally resemble existing works, products, or designs owned by third parties; and (d) outputs may contain geometric, topological, or visual defects and may not be suitable for any particular purpose, including manufacturing, 3D printing, structural, or engineering applications.

6.3 Commercial Use

Subject to these Terms, the restrictions of the applicable AI Provider, and the features of the plan under which a Generated Asset was created, you may use, reproduce, modify, distribute, publicly display, sell, and otherwise commercially exploit your Generated Assets, including in games, films, applications, virtual environments, and physical products manufactured therefrom. It is your responsibility to verify that the plan under which an asset was generated permits your intended use and that such use complies with Section 5.4.

6.4 Free Plan Content Licence

If a Generated Asset is created while you are on a free, unpaid, or trial plan (“Free Plan”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, promote, create derivative works from, and otherwise exploit such Generated Asset and the associated Prompt, in whole or in part, in any medium or format now known or hereafter developed, for any purpose, including, without limitation, display in the Service’s public gallery and use in promotional, marketing, editorial, and commercial materials.

This licence shall survive the termination or deletion of your account and shall not be revoked or limited by your subsequent upgrade to a paid plan with respect to Generated Assets created during the Free Plan period. If you do not wish to grant this licence, you must subscribe to a paid plan before generating content through the Service.

7. AI Providers and Third-Party Services

7.1 Aggregation Model

The Service operates as an aggregation platform, providing you with unified access to the text-to-3D and related generation capabilities of multiple AI Providers. The Company may onboard new AI Providers or discontinue existing AI Providers at any time, at its sole discretion, without prior notice to you. The Company does not guarantee the continued availability of any specific AI Provider, model, engine, or functionality.

7.2 AI Provider Terms

Your use of any feature of the Service that relies on an AI Provider is subject to, and governed by, the terms of service, acceptable use policies, and privacy policies of that AI Provider, in addition to these Terms. By initiating a generation task, you acknowledge and agree that: (a) the Company will transmit the data necessary to fulfill your request (including your Prompt and any attached inputs) to the applicable AI Provider; (b) the AI Provider’s terms of service and privacy policy govern its processing of your data; (c) the AI Provider may independently retain, process, or use content generated through its platform, including for the improvement of its models, in accordance with its own terms; and (d) it is your sole responsibility to review, understand, and accept the terms and policies of each AI Provider prior to use.

7.3 No Endorsement or Warranty

The inclusion of any AI Provider within the Service does not constitute an endorsement, guarantee, or warranty by the Company of that AI Provider’s services, models, data practices, or output quality. The Company makes no representation regarding the accuracy, quality, printability, manufacturability, or fitness for purpose of any Generated Asset produced by an AI Provider. You use AI Provider functionalities entirely at your own risk.

7.4 Other Third-Party Services

The Service relies on additional third-party services, including Google Sign-In for authentication and Google Cloud / Firebase for hosting, storage, and infrastructure, and may in the future rely on third-party payment processors such as Stripe. Your use of such third-party services is subject to their respective terms and policies. The roster of AI Providers and material third-party services integrated with the Service is subject to change at any time and without advance notice.

8. Prohibited Conduct

You agree that you shall not, and shall not permit any third party to, use the Service to:

1. Violate any applicable local, state, national, or international law, statute, regulation, or ordinance;
2. Infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, publicity rights, or any other proprietary rights of any individual or entity, including by prompting the generation of models that reproduce protected characters, designs, or branded products for unauthorized use;
3. Submit Prompts for, or generate, any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, sexually exploitative of minors, hateful, or racially, ethnically, or otherwise objectionable;
4. Generate, or attempt to generate, models of weapons, weapon components, or other items whose manufacture, possession, or distribution is restricted or unlawful in your jurisdiction, for the purpose of producing such items;
5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
6. Engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or infrastructure of the Service, the Company, or any AI Provider;
7. Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, brute-force attacks, or any other means;
8. Use any automated system, including, without limitation, robots, spiders, scrapers, or scripted clients, to access the Service or submit generation requests in a manner that exceeds what a human can reasonably produce in the same period using a standard web browser, or to harvest Generated Assets or gallery content in bulk;
9. Circumvent, disable, or otherwise interfere with any security, access-control, rate-limiting, credit-metering, or usage-monitoring features of the Service, including by creating multiple accounts to obtain additional free credits;
10. Use the Service, or any output thereof, to develop, train, or improve a product or service that competes directly with the Service or with any AI Provider, except as expressly permitted by the applicable AI Provider;
11. Sublicence, resell, rent, lease, transfer, assign, or otherwise commercially exploit access to the Service itself (as distinct from Generated Assets) without the Company’s prior written consent.

The Company reserves the right, but has no obligation, to monitor your use of the Service and to investigate and take appropriate action in response to any suspected violation of these Terms, including, without limitation, removal of content, forfeiture of credits obtained in violation of these Terms, and suspension or termination of your account.

9. Credits, Fees, and Payment

9.1 Credits and Paid Features

Generation tasks on the Service consume credits. Credits may be granted free of charge (including upon account creation or through promotions), included with a subscription plan, or purchased as one-time packs or top-ups. Certain features of the Service may require the purchase of a subscription, credits, or other paid features (“Paid Features”). The applicable fees, credit allotments, billing cycle, and payment terms for each Paid Feature are presented to you at the time of purchase and are incorporated herein by reference. All fees are stated in United States Dollars (USD) unless otherwise indicated. Credits have no cash value, are not redeemable for money, are non-transferable, and may be subject to expiration as disclosed at the time of grant or purchase. The number of credits consumed by a given generation task may vary by AI Provider, model, and option selected, as disclosed within the Service.

9.2 Billing and Renewal

By purchasing a Paid Feature, you authorize the Company and its payment processor to charge the payment instrument you have designated on a recurring basis at the frequency corresponding to your selected billing cycle (e.g., monthly or annually) until you cancel. Subscription renewals are processed automatically. The Company shall make commercially reasonable efforts to notify you in advance of any change in applicable fees. Payments are processed by third-party payment processors (such as Stripe), and the Company does not store your full payment card details.

9.3 Cancellation

You may cancel your subscription at any time through the Service’s account settings or by contacting the Company at contact@rhovium.com. Cancellation shall take effect at the end of the then-current billing period, and you shall retain access to Paid Features through the remainder of that period. The Company does not provide prorated refunds for partial billing periods, except where required by applicable law and as set forth in Section 9.5 below.

9.4 Taxes

All fees are exclusive of applicable taxes (including, without limitation, value-added tax, sales tax, and goods and services tax). You are solely responsible for the payment of all such taxes arising from your use of the Service, except for taxes based on the Company’s net income.

9.5 Refund Policy

Every User is granted complimentary credits upon account creation in order to fully evaluate the Service, its features, and the quality of its outputs at no cost prior to making any purchase. Because each User is given a meaningful opportunity to test the Service before paying, the Company maintains a strict no-refund policy on all paid purchases (including, without limitation, subscription fees, recurring renewals, one-time credit packs, top-ups, and add-on purchases), subject solely to the limited exception set forth in this Section 9.5.

No refunds once any credits have been consumed. Once a User has consumed any credits whatsoever — whether such credits were granted as complimentary credits, included with a subscription plan, purchased as a credit pack or top-up, awarded through promotions or referrals, or otherwise made available to the User — no refund of any portion of any past or current paid purchase shall be granted, and all amounts paid by the User shall be deemed earned by and non-refundable to the Company.

Limited 14-day refund eligibility. If, and only if, the User has not consumed any credits of any kind on the User’s account at the time the refund request is received, the User may request a refund of the most recent paid purchase by contacting contact@rhovium.com within fourteen (14) calendar days of the date such purchase was charged. Refund requests received after such fourteen (14) day period, or made after any credit consumption has occurred (regardless of when consumed), shall not be eligible for a refund.

For the avoidance of doubt: (a) use of complimentary credits constitutes credit consumption for purposes of this Section 9.5; (b) a failed, partially completed, or aesthetically unsatisfactory generation does not entitle the User to a monetary refund and is instead addressed through credit refunds or re-runs in accordance with the Service’s in-app credit refund mechanisms, where applicable; (c) the Company has no obligation to provide prorated refunds for the unused portion of any billing period; and (d) this Section 9.5 does not limit any non-waivable refund or withdrawal rights that the User may have under applicable consumer-protection laws of the User’s jurisdiction.

10. Company Intellectual Property

The Service, including, without limitation, all software, code, algorithms, interfaces, designs, text, graphics, logos, trademarks, trade names, service marks (including “Sculpty” and “Rhovium”), and other proprietary materials incorporated therein or displayed thereon (collectively, “Company Materials”), are and shall remain the exclusive property of the Company and its licensors. Company Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign jurisdictions.

No right, title, or interest in any Company Materials is transferred to you by virtue of your access to or use of the Service. For the avoidance of doubt, Company Materials do not include your Generated Assets, which are addressed in Section 6. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notice displayed on or within the Service.

11. Copyright Infringement and Takedown (DMCA)

The Company respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, the Company will respond expeditiously to claims of copyright infringement committed using the Service, including claims that a Generated Asset displayed in the public gallery infringes a copyrighted work.

If you believe that any copyrighted material has been reproduced, distributed, or otherwise made available through the Service in a manner that constitutes copyright infringement, please submit a written notification to the Company’s designated agent containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate such material within the Service;
4. Your contact information, including address, telephone number, and email address;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Notifications should be directed to: contact@rhovium.com, Attention: DMCA Agent. The Company may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who are repeat infringers.

12. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITIES, AND GENERATED ASSETS PRODUCED THEREIN OR THEREBY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Without limiting the generality of the foregoing, the Company does not warrant that: (a) the Service will meet your specific requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) Generated Assets will be accurate, unique, watertight, manifold, printable, manufacturable, free of defects, or fit for any particular purpose; (d) Generated Assets will be eligible for copyright or other intellectual property protection, or will not resemble content generated for other users or existing third-party works; or (e) any defects in the Service will be corrected.

If you fabricate, 3D print, or otherwise manufacture physical objects from Generated Assets, you do so entirely at your own risk. The Company makes no warranty regarding the structural integrity, safety, regulatory compliance, or suitability of any physical object produced from a Generated Asset, and you are solely responsible for independently verifying any Generated Asset before functional, load-bearing, safety-related, or commercial use.

You acknowledge and agree that Generated Assets are produced by third-party AI systems over which the Company exercises no direct control, and the Company makes no representation or warranty regarding such outputs.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

1. Your access to, use of, or inability to access or use the Service;
2. Any conduct or content of any third party on or through the Service, including, without limitation, any conduct of other Users or AI Providers;
3. Any Generated Asset or other content, output, or result obtained from or through the Service, including any use, sale, distribution, fabrication, or manufacture thereof;
4. Unauthorized access, use, or alteration of your transmissions or Your Content;
5. Any actions taken by an AI Provider with respect to your data, your Prompts, or your Generated Assets after transmission to that AI Provider;
6. Any claim that a Generated Asset infringes, misappropriates, or violates the rights of any third party.

IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

The limitations set forth in this Section shall apply regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, product liability, or otherwise, and even if the Company has been advised of the possibility of such damages. Certain jurisdictions do not permit the exclusion or limitation of certain warranties or liability; in such jurisdictions, the Company’s liability shall be limited to the greatest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) Your Content or your Prompts, including any claim that they infringe or misappropriate the intellectual property or other rights of any third party; (c) your use, distribution, sale, fabrication, or manufacture of any Generated Asset, including any claim of infringement, product liability, or personal injury arising therefrom; (d) your violation of these Terms; or (e) your violation of any applicable law, regulation, or the rights of any third party.

The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defence of such claims. You shall not settle any claim that would impose any obligation or liability on the Company without the Company’s prior written consent.

15. Termination

15.1 Termination by You

You may terminate your account and these Terms at any time by deleting your account through the Service’s interface or by submitting a written request to contact@rhovium.com. Termination by you does not entitle you to a refund of any pre-paid fees or unused credits, except as expressly provided in Section 9.5 (Refund Policy) or where otherwise required by applicable law.

15.2 Termination by the Company

The Company may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason or no reason, with or without prior notice, including, without limitation, if the Company reasonably believes that: (a) you have violated these Terms; (b) your continued use of the Service poses a risk to the Service, the Company, other Users, any AI Provider, or any third party; or (c) the Company is required to do so by applicable law or a valid and enforceable legal order.

15.3 Effect of Termination

Upon termination of your account for any reason: (a) all rights and licences granted to you under these Terms shall immediately cease, except that ownership of Generated Assets already assigned to you under Section 6.1 shall not be affected; (b) you must immediately discontinue all use of the Service; (c) any unused credits shall be forfeited without compensation, except as required by applicable law; (d) the Company shall retain Your Content in accordance with the retention and deletion provisions of the Privacy Policy; and (e) Sections 5.1, 5.3, 5.4, 6.1, 6.2, 6.4, 7.2, 7.3, 10, 11, 12, 13, 14, 16, 17, and 18 of these Terms shall survive termination and continue in full force and effect.

16. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to any choice-of-law or conflict-of-law provision, rule, or principle that would cause the application of the laws of any other jurisdiction.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at contact@rhovium.com and attempt to resolve the dispute informally for a period of not less than thirty (30) calendar days. If the dispute is not resolved within such period, either party may proceed as set forth below.

17.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved through informal negotiation shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator and shall take place in Cheyenne, Wyoming, United States. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive the right to a jury trial.

17.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights, copyrights, trademarks, trade secrets, or confidential information.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms or notices published by the Company in connection with the Service, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, representations, negotiations, and communications, whether written or oral, relating to such subject matter.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

18.3 Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of the Company.

18.4 Assignment

You may not assign, delegate, or transfer these Terms, or any rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. Any purported assignment in violation of this Section shall be null and void. The Company may freely assign these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

18.5 Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the Company’s reasonable control, including, without limitation, acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, labour strikes, governmental orders, internet or telecommunications failures, power outages, or the acts or omissions of any AI Provider or other third-party service provider.

18.6 Notices

All notices required or permitted under these Terms shall be in writing. Notices to the Company shall be sent to the address set forth in Section 19 below. Notices to you shall be sent to the email address associated with your account. Notice shall be deemed given: (a) upon delivery, if delivered by hand; (b) upon transmission, if sent by email (provided no bounce-back or non-delivery notification is received); or (c) three (3) business days after deposit in the mail, if sent by registered or certified mail, postage prepaid.

18.7 Amendments

The Company reserves the right to amend these Terms at any time, at its sole discretion. The Company shall not materially diminish your rights under these Terms without providing you with prior notice and a reasonable opportunity to discontinue use of the Service. All amendments shall be published on this page, identified by an updated effective date. Your continued use of the Service following the posting of any amendment constitutes your acceptance of the amended Terms. If you do not agree to any amendment, your sole and exclusive remedy is to terminate your account and cease use of the Service.