Terms and Conditions

1. Acceptance of Terms

By accessing or using AgenticFruit ("the Service", "Platform", "Company", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms and Conditions ("Terms", "Agreement"). If you do not agree to all provisions of this Agreement, you are not authorized to access or use the Service.

The Company reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Material changes shall be notified to users via email or through prominent notice on the Service. Continued use of the Service following the posting of revised Terms constitutes acceptance of such modifications.

2. Account Registration and Access

2.1 Invite-Only Access: The Service is currently available on an invite-only basis. Users must possess a valid access passcode to register for an account.

2.2 Account Security: Users are solely responsible for maintaining the confidentiality and security of their account credentials. Users shall notify AgenticFruit immediately upon becoming aware of any unauthorized access to or use of their account.

2.3 Accurate Information: Users agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information to keep it accurate, current, and complete.

3. Use of AI Services

The Service utilizes artificial intelligence technology provided by third-party vendors to generate and process content, including but not limited to:

• Image generation and editing (powered by Google Gemini AI)
• Text generation and analysis (powered by OpenAI GPT)
• Video generation (powered by Kling AI)
• Content intent analysis and recommendations

3.1 AI Accuracy: The Company makes no representations or warranties regarding the accuracy, quality, completeness, or appropriateness of AI-generated content. AI-generated content may contain errors, inaccuracies, or unexpected results. Users acknowledge and accept these limitations.

3.2 Third-Party AI Terms: Use of AI features is subject to compliance with the terms of service of third-party AI providers, including but not limited to Google Gemini, OpenAI, and Kling AI. Users are responsible for reviewing and complying with such third-party terms.

3.3 No Automated Decision-Making: AI-generated recommendations are advisory only. Users retain full discretion and responsibility for all content published or utilized through the Service.

4. Intellectual Property Rights

4.1 User Content

Users retain all ownership rights, title, and interest in and to content uploaded to the Service, including but not limited to text, images, videos, and other materials (collectively, "User Content").

4.2 AI-Generated Content

Ownership: Subject to the conditions set forth herein, Users shall own all rights, title, and interest in and to content generated by AI services based on User prompts and inputs ("AI-Generated Content"), provided that:

• Such content is generated through use of the Service;
• Such content complies with these Terms and all applicable laws; and
• Third-party AI providers may retain certain residual rights as specified in their respective terms of service.

License to Company: By submitting User Content and generating AI-Generated Content through the Service, Users hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, process, reproduce, and transmit such content solely for the purposes of: (i) providing the Service; (ii) maintaining and improving the Service; and (iii) enforcing these Terms.

4.3 Platform Content

The Service, including but not limited to its software, source code, algorithms, user interface, design elements, branding, trademarks, and documentation, is the exclusive property of AgenticFruit and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.4 Commercial Use

Users may utilize AI-Generated Content for commercial purposes, subject to compliance with these Terms and all applicable laws and regulations. Users bear sole responsibility for ensuring that they possess all necessary rights, licenses, and permissions to utilize any reference materials, actor likenesses, or other third-party intellectual property in commercial applications.

5. User Representations and Warranties

By accessing or using the Service, Users represent, warrant, and covenant that:

• Users possess or have obtained all necessary rights, licenses, consents, and permissions to submit any and all content uploaded to the Service;
• Users have obtained all necessary permissions, releases, and consents to use the name, image, likeness, or other identifying characteristics of any person appearing in uploaded content;
• Use of the Service does not and will not violate any third-party rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights;
• User Content does not contain any material that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable under applicable law;
• Users shall not use the Service to create deepfakes, manipulated media, or misleading content depicting non-consenting individuals;
• Users shall not use the Service to create content that infringes upon the intellectual property rights of any third party; and
• All representations and warranties made herein are true, accurate, and complete as of the date of acceptance of these Terms and shall remain true, accurate, and complete throughout the duration of use of the Service.

6. Prohibited Uses

Users expressly agree not to engage in any of the following prohibited activities:

• Use the Service for any unlawful purpose or in violation of any local, state, national, or international law or regulation;
• Upload, transmit, or distribute content that infringes upon third-party intellectual property rights;
• Create, upload, transmit, or distribute content that is defamatory, libelous, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or otherwise objectionable;
• Create non-consensual deepfakes, manipulated media, or synthetic media depicting real individuals without their express written consent;
• Attempt to circumvent, disable, or otherwise interfere with security-related features, rate limits, or usage restrictions of the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying ideas of the Service;
• Use the Service to generate, transmit, or distribute spam, unsolicited communications, or misleading content;
• Impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with any person or entity;
• Collect, harvest, or aggregate data or personal information from other users without their express consent;
• Interfere with, disrupt, or impose an unreasonable burden on the Service, servers, or networks connected to the Service; or
• Assist, encourage, or enable any third party to engage in any of the foregoing prohibited activities.

7. DMCA Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

7.1 Copyright Infringement Notifications

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with information sufficient to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the disputed use is not authorized
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

DMCA Agent Contact:
Email: dmca@agenticfruit.com
(Please designate a DMCA agent and register with the U.S. Copyright Office)

7.2 Counter-Notification

If you believe your content was removed by mistake or misidentification, you may file a counter-notification with the information specified by the DMCA.

8. Data Storage and Retention

8.1 Storage: Your content is stored using Supabase cloud infrastructure. We implement industry-standard security measures including encryption and access controls.

8.2 Retention: We retain your data for as long as your account is active. Inactive content may be retained for up to 90 days. You may request deletion of your data at any time.

8.3 Backups: Your data may persist in backup systems for up to 30 days after deletion.

9. Third-Party Services

The Service integrates with third-party services that have their own terms and policies:

• Google Gemini AI: For image generation (see Google's Generative AI Terms)
• OpenAI: For text generation and analysis (see OpenAI Terms of Use)
• Kling AI: For video generation (data processed in Singapore)
• Supabase: For data storage and authentication
• Vercel: For hosting and analytics

We are not responsible for these third-party services. Your use of their features through our Platform constitutes acceptance of their respective terms.

10. Disclaimers and Limitation of Liability

10.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI-generated content will be accurate, appropriate, or fit for any particular purpose
• Any defects will be corrected
• The Service is free from viruses or other harmful components

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGENTICFRUIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless AgenticFruit and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content or AI-Generated Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws or regulations

12. Termination

12.1 By You: You may terminate your account at any time by contacting us at support@agenticfruit.com or using the account deletion feature (when available).

12.2 By Us: We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Illegal activity
• Creating content that infringes on third-party rights
• Abuse of the Service or other users
• Non-payment (if applicable in the future)

12.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account and content, though some data may persist in backups.

13. International Use and Data Transfers

The Service is operated from the United States. If you access the Service from outside the U.S., you are responsible for compliance with local laws.

Your data may be transferred to and processed in countries other than your country of residence, including the United States and Singapore (for video processing via Kling AI). These countries may have different data protection laws than your jurisdiction.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@agenticfruit.com to attempt to resolve the dispute informally.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.3 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as provided below.

Exceptions: Either party may bring an action in small claims court or seek injunctive relief in court for intellectual property infringement.

Class Action Waiver: You agree to bring claims against us only in your individual capacity and not as a class member or representative in any class or representative action.

15. General Provisions

15.1 Entire Agreement: These Terms constitute the entire agreement between you and AgenticFruit regarding the Service.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us at:

AgenticFruit
Email: legal@agenticfruit.com
Support: support@agenticfruit.com
DMCA: dmca@agenticfruit.com