Terms of Service

1. Acceptance of Terms

Welcome to EzzyPony (hereinafter referred to as "the Company", "we", "us"). These Terms of Service ("Terms") are a legally binding agreement governing your access to and use of our website and AI image generation services (collectively, the "Services").

Please read carefully: By registering, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please stop using the Services.

2. Global Services & Eligibility

The Services are available to users worldwide. By using the Services, you represent and warrant that:

1. You are at least 18 years old, or at least 13 years old (or the digital age of consent in your residence) and use the Services with the consent and supervision of a parent or legal guardian.
2. You are not located in any country/region sanctioned by the United States, European Union, or other major jurisdictions.

3. Account Registration & Security

You must create an account via the Better Auth system. You are responsible for ensuring the accuracy of the information stored in your account and protecting the security of your login credentials. You are fully responsible for all activities that occur under your account.

4. Payment & Subscription (Merchant of Record)

Our order process is conducted by our online reseller & Merchant of Record, Creem.

1. Payment Processing: When you subscribe or purchase credits, you are effectively transacting with Creem and are subject to their Transactions Terms and Privacy Policy.
2. Subscription Management: Subscription fees will be automatically deducted at the start of each cycle. You can cancel your subscription at any time in your account settings; cancellation will take effect at the end of the current billing cycle.
3. Refund Policy:
   • General Rule: AI compute costs are incurred immediately upon generation, so generally, all sales are final.
   • 3-Day Money-Back Guarantee: However, we offer a refund for initial purchases within 3 business days of the transaction date, provided that you have not substantially used the services (e.g., generated fewer than 5 images).
   • How to Request: To request a refund, please contact our support team at [email protected] with your account details.
   • Discretionary Refunds: For other cases (e.g., system errors), we reserve the right to grant refunds on a discretionary basis.
   • Response Time: We commit to responding to all refund and billing-related inquiries within 3 business days.
4. Taxes: Creem will automatically calculate and collect VAT, GST, or Sales Tax based on your location.

5. AI Content & Intellectual Property

5.1 Ownership

Subject to your compliance with these Terms and payment of applicable fees, you retain all rights, title, and interest in the Input (Prompts) you upload and the Output (Images) generated. You may use the generated images for personal or commercial purposes.

5.2 License Grant

You grant EzzyPony a worldwide, non-exclusive, royalty-free license to host, store, copy, and display your content for the purpose of operating the Services, improving AI models, and providing you with history retrieval features.

5.3 DMCA Copyright Complaints

We respect the intellectual property rights of others. If you believe your copyrighted work has been infringed, please contact our Copyright Agent ([email protected]), and we will process valid takedown notices in accordance with the Digital Millennium Copyright Act (DMCA).

6. Acceptable Use Policy (AUP)

You agree NOT to use the AI Services to generate:

1. Illegal Content: Content that violates laws in the US, EU, or your location (e.g., child pornography, terrorism).
2. Deepfakes: Generating real likenesses of others without consent for misleading, defamatory, or harassing purposes.
3. Hate Speech: Promoting violence or discrimination against protected groups.
4. NSFW Content: If the service is not explicitly marked for adult use, generating explicit sexual content is strictly prohibited.

Violation Handling & Throttling: If you violate the above guidelines or we detect abuse of your account (such as abnormal high-concurrency requests, automated script attacks, etc.), we reserve the right to limit access rates (Throttling), suspend, or permanently terminate your account without prior notice. Accounts terminated for violations will not be refunded.

7. Disclaimer

THE SERVICES ARE PROVIDED "AS IS". We do not guarantee that the generated AI images will be completely accurate, reliable, or suitable for a particular purpose. AI models (Nano Banana Pro) may produce "hallucinations" or errors. You should evaluate and bear the risks of using generated content yourself.

8. Limitation of Liability

To the maximum extent permitted by law, EzzyPony and its suppliers (including Creem, APImart) shall not be liable for any indirect, incidental, punitive, or consequential damages (including data loss, lost profits). In no event shall our total liability to you exceed the amount you paid to us in the 12 months preceding the claim.

9. Dispute Resolution & Arbitration

Please read this section carefully — it limits your right to sue in court. Except for disputes subject to the jurisdiction of small claims court, you and EzzyPony agree to resolve any disputes arising from these Terms or the Services through binding individual arbitration, and waive the right to participate in class actions.

10. Governing Law

These Terms are governed by the laws of the People's Republic of China, without regard to its conflict of law principles.

11. Contact Us

If you have any legal questions, please contact us: Email: [email protected] Address: No. 40, Pingshan Village, Nanshan District, Shenzhen, Guangdong, China