Terms of Service

1. Acceptance of Terms & Age Requirements

By accessing or using Make It Gen ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account or use any paid or generative feature of Make It Gen. By using our Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. Minors under 18 may not upload content, create accounts, or use generative features under any circumstances, with or without parental consent. We do not knowingly collect personal information from anyone under 18, and if we learn that we have done so, we will terminate the account and delete the associated data.

2. Service Description & Platform Liability

2.1 Service Description

Make It Gen provides AI-powered image, video, music, and 3D generation tools. The Service allows users to create visual and audio content using AI models and presets.

2.2 Platform Liability

Make It Gen is merely a service provider. We do not have any responsibility or liability for content generated by users on our platform. Users are solely responsible for the content they create, generate, or share using our Service.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content generated on the platform. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

2.3 No First-Party AI Models; Third-Party Providers and Infrastructure

Make It Gen does not host any AI models on its own infrastructure. We act solely as an interface and orchestration layer that passes your prompts and inputs to AI models operated by, or executed on the infrastructure of, third-party providers (such as, but not limited to, providers of image, video, music, and language models, and third-party cloud-compute platforms) and returns their outputs to you for your own use.

All generations are produced by these third parties on their own infrastructure, subject to their own model behavior, capabilities, limitations, and terms. Make It Gen makes no representations or warranties regarding the underlying models, their training data, their outputs, or their availability, and we are not responsible for changes, deprecations, errors, rate limiting, or content produced by any third-party provider.

3. Account Registration & Marketing Consent

3.1 Account Creation

You must register for an account to use certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.2 Marketing Communications Consent

By creating an account and signing up for our Service, you expressly consent to receive marketing communications from us, including:

• Promotional emails about new features, updates, and special offers
• Product announcements and service updates
• Newsletters and educational content about AI generation
• Targeted marketing based on your usage patterns and preferences

3.3 Data Usage for Marketing

You agree that we may use your personal information, including your email address, usage data, and cookies, for marketing purposes. This includes:

• Personalizing marketing content based on your interests and activity
• Analyzing your usage patterns to improve our marketing efforts
• Creating user segments for targeted campaigns
• Sharing anonymized data with marketing partners to enhance our services

3.4 Opt-out Rights

You may unsubscribe from marketing communications at any time by clicking the unsubscribe link in our emails or contacting us at support@makeitgen.com. However, we may still send you transactional and service-related communications.

4. Subscription and Payment

4.1 Subscription Plans

We offer paid subscription plans, available on a weekly, monthly, or annual basis. Each plan includes a specific number of credits and features according to the selected tier. You must maintain an active subscription to continue using paid features.

4.2 Credit System

All plans include a set amount of credits. You may also purchase additional credits at any time to extend your usage beyond your subscription limits. Purchased credits do not expire as long as your account remains active. Credits are non-transferable.

4.3 Payments

All payments are processed securely through our authorized payment processors. By subscribing or purchasing credits, you authorize recurring billing (for weekly, monthly, or annual plans) and agree to pay all applicable charges until cancellation.

4.4 Cancellations

You may cancel your subscription at any time and for any reason — no questions asked — by contacting us at support@makeitgen.com. Cancellations take effect at the end of your current billing cycle, and you will retain access to your remaining credits until your plan expires.

4.5 Refunds

All sales are final unless explicitly stated below. Refunds are granted at our sole discretion and only when all applicable conditions are met.

• Promotional and introductory pricing: Subscriptions purchased at an introductory, promotional, or otherwise discounted rate (including any first-month offer) are non-refundable.
• Monthly subscriptions (at regular price): May be refunded if requested within 7 days of the original purchase and the account shows minimal credit usage. Subsequent renewals are non-refundable.
• Annual subscriptions: May be refunded within 14 days of the original purchase if the account shows minimal credit usage. After 14 days, annual subscriptions are non-refundable regardless of usage.
• Weekly subscriptions: Non-refundable.
• Lifetime limit: Each customer is eligible for no more than one refund, ever. Repeat refund requests will not be granted.
• Effect of a refund: Upon approval, your subscription is terminated immediately, all remaining credits are forfeited, and the account may be restricted from resubscribing.
• Chargebacks: Initiating a chargeback or payment dispute with your bank or card issuer without first contacting support@makeitgen.com will result in immediate account termination, forfeiture of all remaining credits, and may result in permanent prohibition from future service.

Refund requests must be submitted to support@makeitgen.com. We may review your account activity, usage patterns, generation history, payment history, and related data to assess eligibility. What constitutes "minimal" usage is determined at our sole discretion. Approved refunds are returned to the original payment method within a reasonable timeframe. No refunds of credits or fees will be issued based on dissatisfaction with AI output results (see Section 8.1) or for service disruptions caused by events beyond our reasonable control (see Section 15).

4.6 Top-Up Credits

In addition to subscription plans, we offer the ability to purchase top-up credits as a one-time transaction:

• One-time payment only: Each top-up credit purchase is a single, one-time charge. There is no subscription, no recurring billing, and no automatic renewals.
• No recurring charges: Purchasing top-up credits does not enroll you in any subscription or recurring payment plan.
• Credit validity: Purchased top-up credits do not expire as long as your account remains active.
• Refunds for top-up credits: Top-up credit purchases are non-refundable once credits have been used. If no credits from a top-up purchase have been consumed, you may request a refund by contacting support@makeitgen.com.

5. User Content

5.1 Content Generation

You are responsible for all prompts and inputs submitted to generate content.

5.2 Prohibited Content & Usage

You are strictly prohibited from using the Service to:

• Generate content of real people without their explicit written permission
• Generate or spread disinformation, misinformation, or deepfakes intended to deceive
• Create content that violates any local, state, national, or international law
• Generate content that infringes on intellectual property rights or privacy rights
• Create harmful, threatening, abusive, harassing, or defamatory content
• Generate content promoting violence, hatred, or discrimination
• Create, generate, or distribute adult-oriented or mature content of any kind
• Create content involving minors in any inappropriate context, or any content depicting or involving minors
• Create synthetic likenesses, voice clones, or imagery of real people without their explicit consent
• Generate content for illegal activities, fraud, or scams
• Attempt to gain unauthorized access to, disrupt, or interfere with our systems or Service

We reserve the right to suspend or terminate accounts that violate these terms. Users are responsible for ensuring their use complies with all applicable laws and regulations.

5.3 Content Review

We reserve the right to review, monitor, and remove user-generated content.

5.4 User-Uploaded Content

Certain features of Make It Gen — including but not limited to image-to-image generation, image-to-video generation, image editing, and any other tool that accepts user-supplied photos or media — allow you to upload your own content as input. By uploading any image, photo, or other media to our Service, you represent, warrant, and agree that:

• You are the sole owner of the uploaded content, or you have obtained all necessary rights, licenses, consents, releases, and permissions from every rights holder, copyright owner, trademark owner, and any identifiable person depicted in the content to upload it and use it with our Service
• Your uploaded content does not infringe, misappropriate, or violate any copyright, trademark, trade secret, right of publicity, right of privacy, moral right, or any other intellectual property or proprietary right of any third party
• You have the explicit consent of every identifiable individual depicted in any uploaded photo or media, including consent for that likeness to be modified, animated, transformed into video, or otherwise processed by our AI services
• You will not upload photos or media of minors, public figures, celebrities, or any other person without verifiable authorization to do so
• You assume full and exclusive responsibility and liability for any uploaded content and for any output derived from it

The responsibility to verify ownership, copyright clearance, and personal consent rests entirely with you, the user. Make It Gen expressly disclaims any and all liability arising from user-uploaded content, including any claims of copyright infringement, trademark infringement, defamation, or violation of publicity or privacy rights. You agree to defend, indemnify, and hold harmless Make It Gen and its officers, directors, employees, affiliates, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any content you upload to our Service or any output generated from such content.

6. Content Moderation and Safety

Make It Gen actively moderates both user prompts and AI-generated outputs to enforce the prohibitions in Section 5. Our safety systems include:

• Automated prompt filtering to block requests that violate our policies
• Safety classifiers on generated images and videos, with policy-violating outputs blocked before delivery
• Automatic blocking of any content depicting or involving minors
• Account suspension or termination for users who attempt to bypass our safety systems
• Cooperation with law enforcement where required by applicable law

To report content you believe violates these Terms, contact support@makeitgen.com.

7. Intellectual Property

7.1 Service Ownership

The Service, including all software, designs, and content provided by us, is owned by Make It Gen and is protected by copyright and other intellectual property laws.

7.2 Generated Content License

For content generated through the Service:

• You retain rights to content generated from your inputs
• We grant you a worldwide, non-exclusive license to use, reproduce, modify, and display the generated content
• We reserve the right to use anonymized generated content for improving our Service

Please note that AI-generated content may not be eligible for copyright protection under current law, and we do not guarantee exclusivity of any generated output. Make It Gen does not provide indemnification for any intellectual property claims that may arise from your use of AI-generated content.

8. Disclaimers

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. MAKE IT GEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not guarantee that generated content will be error-free, original, or meet your expectations.

8.1 AI Output Variability

Due to the inherent nature of artificial intelligence and machine learning technologies, all AI-generated content contains an element of randomness and unpredictability. We do not guarantee that AI outputs will perfectly align with your prompts or produce identical results for similar requests. The quality, accuracy, and relevance of AI-generated content may vary significantly between generations. No refunds of credits will be issued based on dissatisfaction with AI output results, as variability is an expected characteristic of AI technology.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKE IT GEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Make It Gen and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your generated content, your uploaded content, or your violation of these Terms.

11. Account Termination

We reserve the right to suspend or terminate your access to the Service for violations of these Terms. Upon termination, your right to use the Service will immediately cease. Any remaining credits in your account at the time of termination are forfeited.

12. No Professional Advice

Content generated by Make It Gen — including lyrics, text, images, videos, and audio — is provided for creative and entertainment purposes only and does not constitute legal, medical, financial, psychological, safety, or any other form of professional advice. You should not rely on AI-generated output to make decisions of a legal, medical, financial, or personal nature. Always consult a qualified professional for advice specific to your situation. Make It Gen expressly disclaims all liability for any action you take, or fail to take, based on AI-generated content.

13. Biometric Data, Likeness, and Voice Acknowledgment

You acknowledge and agree that photos, videos, and audio you upload to Make It Gen may contain facial geometry, voiceprints, or other biometric identifiers or biometric information of yourself or others, and that our third-party AI providers and infrastructure providers may process such data in order to generate or transform the output you request. By uploading any such content, you:

• Provide your express, written, and informed consent to the collection, transmission, processing, and use of any biometric identifiers and biometric information contained in the upload for the purpose of providing the requested service
• Represent and warrant that you have obtained the same express, written, and informed consent from every other identifiable person whose face, voice, body, or likeness appears in the upload
• Acknowledge that biometric and likeness data may be transmitted to and processed by third-party AI model providers located inside or outside your jurisdiction
• Agree that you are solely responsible for compliance with all applicable biometric and privacy laws, including but not limited to Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial legislation, the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/), the Texas Capture or Use of Biometric Identifier Act (CUBI), the Washington Biometric Privacy Act, the EU GDPR, and any other applicable federal, state, provincial, or foreign biometric privacy laws

Make It Gen does not retain biometric identifiers separately from the underlying uploaded content beyond what is necessary to deliver the requested generation, and we do not sell biometric data.

14. Export Controls and Sanctions

You represent and warrant that you (a) are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. or Canadian sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) are not listed on any U.S. or Canadian government list of prohibited or restricted parties (including the OFAC Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List or Entity List, the Canadian Consolidated Sanctions List, or any equivalent list maintained by another government); and (c) will not use our Service in violation of any applicable export-control, sanctions, or anti-terrorism law. You agree not to use our Service to develop or transfer any product, service, or technology in violation of any applicable export-control laws.

15. Force Majeure

Make It Gen shall not be liable for any failure or delay in performing our obligations, or for any unavailability, interruption, degradation, or change in our Service, to the extent caused by events beyond our reasonable control, including but not limited to: outages, downtime, rate limiting, content-policy changes, pricing changes, model deprecations, or termination of service by any third-party AI model provider, cloud-infrastructure provider, payment processor, or other vendor; acts of God; natural disasters; pandemics or public-health emergencies; war, terrorism, or civil unrest; government action, sanctions, or regulation; labor disputes; cyberattacks; or internet, telecommunications, or utility failures. No refunds of credits or subscription fees will be issued for service disruptions caused by such events.

16. DMCA and Copyright Infringement Notices

Make It Gen respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that any content available through our Service infringes your copyright, you may submit a written notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3), including:

• 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 allegedly infringing material and its location on our Service (URL or other sufficient detail)
• Your contact information (address, telephone, email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on its behalf

Send DMCA notices to our designated agent at support@makeitgen.com with the subject line "DMCA Notice". We will respond to valid notices by removing or disabling access to the allegedly infringing material in accordance with the DMCA. Counter-notices may be submitted to the same address pursuant to 17 U.S.C. § 512(g).

Repeat Infringer Policy: Make It Gen maintains a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are determined to be repeat infringers. Submitting false or bad-faith DMCA notices or counter-notices may result in liability under 17 U.S.C. § 512(f).

17. Time Limit for Claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of Make It Gen or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or it shall be permanently barred. This shortened limitations period applies regardless of any statute to the contrary.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

18.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at support@makeitgen.com and attempt to resolve the dispute informally for at least sixty (60) days.

18.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Make It Gen that is not resolved informally shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that (a) you may assert claims in small-claims court if your claims qualify, and (b) either party may seek injunctive or equitable relief in court for infringement or misappropriation of intellectual property rights. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in the English language, and the seat of arbitration shall be a mutually agreed location or, failing agreement, the location designated by AAA. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

18.3 Class Action Waiver

YOU AND MAKE IT GEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this arbitration section shall be null and void as to such dispute.

18.4 30-Day Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@makeitgen.com within thirty (30) days of first accepting these Terms. The notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

19. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by posting a notice on our website or sending you an email. Continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 18. Subject to the binding-arbitration and class-action-waiver provisions in Section 18, any disputes not subject to arbitration — including any action for injunctive or equitable relief in connection with intellectual property — shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

21. General Provisions

21.1 Entire Agreement

These Terms, together with any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and Make It Gen and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

21.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect.

21.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

21.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or by operation of law.

21.5 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, limitations of liability, biometric and likeness acknowledgments, time limits for claims, and dispute resolution.

21.6 Electronic Communications

You consent to receive communications from us electronically, including by email and through notices posted on our website, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing.

21.7 Headings

Section headings are for convenience only and have no legal or contractual effect.

22. Contact Information

For questions about these Terms, please contact us at support@makeitgen.com.