Terms of Service

1. Overview of Services

xaltoai is a cloud-based Software-as-a-Service (SaaS) platform powered by artificial intelligence. The Platform enables individuals and businesses to generate professional-quality images, videos, product photography, marketing creatives, and written content for ecommerce, social media, and branding purposes.

Access is provided on a subscription basis through the Platform's web interface. The Services do not include consulting, managed creative services, API access, or direct management of third-party advertising accounts unless explicitly stated otherwise.

2. Eligibility

You must be at least 18 years of age to use the Services. By creating an account or using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

If you are accessing the Services on behalf of a company, organization, or other legal entity, you confirm that you have the authority to bind that entity to these Terms.

3. Account Registration

Certain features of the Platform require you to create an account. When doing so, you agree to:

• Provide truthful, accurate, and up-to-date registration information
• Keep your account details and login credentials confidential and secure
• Promptly notify us of any unauthorized access or suspected breach of your account
• Accept full responsibility for all activity that takes place under your account

4. Acceptable Use

You agree to use the Services solely for lawful purposes and in compliance with these Terms. You shall not:

• Use the Services for any unlawful, fraudulent, or unauthorized purpose
• Violate any applicable local, national, or international laws or regulations
• Infringe upon the intellectual property, privacy, or publicity rights of any third party
• Upload, transmit, or distribute any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems, networks, or infrastructure
• Interfere with, disrupt, or degrade the performance or availability of the Services
• Use automated scripts, bots, scrapers, or similar tools to access the Platform without prior written permission

Prohibited Content Generation

Without limiting the above, you must NOT use the Services to create, generate, upload, or distribute any content that:

• Depicts, sexualizes, endangers, or exploits minors in any manner
• Constitutes non-consensual intimate imagery or sexually explicit deepfakes involving real individuals
• Impersonates any real person, public figure, or brand without their verified prior written consent
• Constitutes political disinformation, election manipulation, or fabricated statements attributed to real individuals
• Promotes terrorism, violent extremism, self-harm, suicide, or illegal activities
• Contains hate speech, harassment, or discrimination based on race, religion, gender, sexual orientation, disability, or any protected characteristic
• Provides unauthorized medical, legal, financial, or professional advice
• Is designed to deceive, defraud, or scam any person, including fabricated reviews, endorsements, or testimonials
• Infringes any patent, trademark, copyright, trade secret, or other proprietary right of any party
• Generates malware, exploit code, or content intended to compromise the security of any system

Violation of these prohibited use provisions constitutes a material breach and may result in immediate suspension or termination of your account without refund, and reporting to relevant authorities where required by law.

5. Fair Use & Resource Limits

While your subscription plan may include a designated number of generation credits or usage units, all use of the Services is subject to a Fair Use Policy. xaltoai reserves the right, at its sole discretion and without prior notice, to rate-limit, throttle, queue, suspend, or terminate any account that:

• Uses automated scripts, bots, or programmatic tools to interact with the Services beyond normal human-paced usage
• Exhibits consumption patterns that disproportionately strain compute, storage, or bandwidth resources
• Degrades or threatens to degrade platform performance or availability for other users
• Attempts to circumvent any technical limit, quota, or access control

Credits consumed during activity that violates this Fair Use Policy are non-refundable.

6. Subscriptions & Billing

xaltoai offers both free and paid subscription plans. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan).

• All fees are quoted in the currency displayed at checkout unless otherwise specified
• Fees are exclusive of applicable taxes, which will be added where legally required
• Payment is due at the time of purchase and is processed securely through our payment partners
• Subscriptions renew automatically at the end of each billing cycle unless cancelled prior to renewal
• We reserve the right to modify pricing with reasonable prior notice

All sales are final once your paid subscription begins. xaltoai does not offer refunds on any subscription payments. You may cancel your subscription at any time from your account settings to prevent future renewals. For full details, please refer to our Refund Policy.

7. Intellectual Property

Platform Ownership

All content, features, and functionality of the Services — including but not limited to the underlying software, source code, AI models, machine learning weights, training data, templates, algorithms, user interface, text, graphics, logos, icons, images, and audio — are and shall remain the exclusive property of xaltoai. These materials are protected by applicable copyright, trademark, patent, and other intellectual property laws. No rights, title, or interest in our proprietary technology are transferred to you except for the limited license described below.

License to Use

Subject to your compliance with these Terms and payment of applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes during the term of your active subscription.

Ownership of Generated Outputs

Subject to payment of applicable subscription fees for the billing period in which outputs were generated, xaltoai assigns to you ownership of the specific images, videos, audio, or text outputs generated by the Services in response to your prompts and inputs (“Deliverables”). You may use, reproduce, modify, distribute, publish, and commercially exploit your Deliverables in perpetuity, including after your subscription ends. This assignment applies only to the final output files delivered to you and does not extend to any underlying platform technology, models, templates, stock assets, or components reused across users.

Non-Exclusivity of Outputs

You acknowledge that generative AI models may produce similar or identical outputs for different users given similar inputs. xaltoai makes no guarantee that Deliverables are unique to you and retains the right to generate comparable outputs for other users.

8. User Content & Responsibility

You retain ownership of any content you upload, submit, or transmit through the Services (“User Content”), including prompts, images, brand assets, scripts, and reference materials. By submitting User Content, you grant xaltoai a non-exclusive, worldwide, royalty-free license to host, store, process, modify, and display such content solely for the purpose of operating and improving the Services.

You are solely responsible for:

• Ensuring you own or have obtained all necessary rights, licenses, and permissions for any User Content you submit
• Verifying that your User Content and any Deliverables you publish are lawful and do not infringe upon any third-party rights
• Independently reviewing, fact-checking, and legally vetting all Deliverables before publishing or commercial use
• All commercial, reputational, regulatory, or legal consequences arising from your use of the Services and Deliverables

9. Data Usage & AI Training

By using the Services, you acknowledge and agree that xaltoai may collect, store, and process User Content, prompts, inputs, outputs, usage metadata, and performance signals (“Service Data”) as part of delivering the Services.

You grant xaltoai a perpetual, worldwide, royalty-free license to use Service Data in anonymized, de-identified, and aggregated form for the purposes of: improving and training AI models; quality assurance and abuse monitoring; research and development of new features; and generating aggregated performance analytics. xaltoai will use commercially reasonable efforts to de-identify Service Data before using it for training purposes.

To the extent User Content contains personal data of identifiable individuals, you are the data controller and xaltoai acts as a data processor. You represent that you have obtained all required notices, consents, and legal bases under applicable data protection laws before submitting any personal data to the Services.

10. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

AI Output Disclaimer: You expressly acknowledge that the Services utilize generative artificial intelligence, which is probabilistic in nature. xaltoai makes no representation or warranty that any Deliverables will be accurate, complete, reliable, free from errors or biases, free from similarity to copyrighted works, or compliant with the regulations of any jurisdiction. You are solely responsible for reviewing and approving all Deliverables before any use.

11. Limitation of Liability

To the maximum extent permitted by law, xaltoai shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to your use of the Services, regardless of the legal theory and whether or not xaltoai has been advised of the possibility of such damages.

Our total aggregate liability for any and all claims arising from or related to these Terms or the Services shall not exceed the total amount paid by you for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

You acknowledge that the fees charged for the Services reflect the risk allocation set forth in these Terms and that these limitations form an essential part of the agreement between us.

12. Indemnification

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

• Your access to or use of the Services
• Your User Content or inputs submitted to the Services
• Your publication, distribution, or commercial use of any Deliverables, including any claim that such Deliverables infringe upon any third-party rights
• Your violation of these Terms or any applicable law or regulation
• Any dispute between you and any third party arising from your use of the Services

13. Termination

By xaltoai: We may suspend or terminate your access to the Services immediately and without prior notice if you materially breach these Terms, including any violation of the Prohibited Content, Fair Use, or payment provisions, or if required by law. No refund shall be owed for termination for cause. We may also discontinue the Services or terminate your account without cause upon thirty (30) days' prior notice by email.

By You: You may cancel your subscription at any time through your account settings. Cancellation will prevent future renewals but does not entitle you to a refund for the current billing period.

Effect of Termination: Upon termination, your right to access the Services ceases immediately. xaltoai may delete your account data after a reasonable grace period. Your perpetual ownership of Deliverables generated prior to termination remains unaffected.

14. Copyright & Infringement Notices

xaltoai respects the intellectual property rights of others. If you believe that any content accessible through the Services infringes your copyright, trademark, or other intellectual property right, please submit a written notice via our contact form containing:

• Identification of the copyrighted or protected work claimed to have been infringed
• Identification of the allegedly infringing material and its location on the Platform
• Your contact information (name, address, email)
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf

Upon receiving a valid notice, xaltoai will investigate and, where appropriate, remove or disable access to the infringing material. Accounts of repeat infringers may be terminated.

15. Force Majeure

xaltoai shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, pandemics, war, government action, labor disputes, power or telecommunications failures, internet outages, cyberattacks, or failures of upstream infrastructure providers. We will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

16. Modifications to Terms

We reserve the right to modify these Terms from time to time. For material changes — including modifications to fees, data usage, indemnification, liability, or your core rights — we will provide at least thirty (30) days' prior notice by email or prominent in-product notification before the change takes effect. Non-material changes (clarifications, typo corrections, contact updates) may take effect immediately upon posting.

If you do not agree to a material change, your sole remedy is to cancel your subscription before the change takes effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

17. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles. The courts located in India shall have exclusive jurisdiction over any dispute not resolved through the process below.

Before initiating any formal proceeding, both parties shall first attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days from the date written notice of the dispute is provided. If the dispute remains unresolved, it shall be finally settled through binding arbitration under the Arbitration and Conciliation Act, 1996, conducted in English, by a sole arbitrator mutually appointed by the parties.

To the maximum extent permitted by applicable law, you agree that any claims shall be brought only in an individual capacity and not as part of any class, collective, or representative proceeding.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Contact Us

If you have any questions about these Terms of Service, please reach out to us via our contact form.