Terms of Service

1. Agreement to Terms

By accessing or using the MakerNice platform, website (makernice.com), API (api.makernice.com), documentation (makernice.com/docs), and any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Services.

These Terms constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and MakerNice, operating under the laws of the People’s Republic of China (“MakerNice,” “we,” “us,” or “our”). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

• Services: The MakerNice platform, including the website, API gateway, dashboard, documentation, and all related tools and features.
• Upstream Providers: Third-party AI model developers (such as ByteDance, Kuaishou, Alibaba, and MiniMax) whose models are accessible through our API, and the model service providers through which we access those models.
• Customer Data: Any data, including prompts, files, and inputs, that you submit to the Services for processing, as well as any outputs generated in response.
• Balance: Your prepaid account balance, shown in U.S. dollars, used to pay for AI model usage through the Services.
• API Key: A unique authentication credential issued to you for accessing the Services programmatically.

3. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) to use the Services. By using the Services, you represent and warrant that you meet this age requirement.

4. Account Registration and Security

To use the Services, you must create an account by providing a valid email address and any other information we may require. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the confidentiality and security of your account credentials and API keys.
• Notify us immediately if you suspect any unauthorized use of your account or API keys.
• Accept full responsibility for all activities that occur under your account, including all charges incurred through your API keys.

If your API keys are compromised, you should revoke them and create new ones in your console immediately. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

5. Description of Services

MakerNice is an API service that provides access to AI image and video generation models from multiple Upstream Providers through a single REST API. We act as an intermediary: we receive your generation requests, submit them to the appropriate Upstream Provider, and deliver the generated results to you.

We do not develop, own, or control the AI models provided by Upstream Providers. The availability, performance, accuracy, and capabilities of these models are determined by their respective providers. Models may be updated, modified, deprecated, or discontinued by Upstream Providers at any time without notice to us.

6. Balance, Billing, and Payment

6.1 Prepaid Balance

The Services operate on a prepaid, pay-as-you-go basis. Your balance is shown in U.S. dollars. Models are billed per second of generated video or per generated image, at the prices published in our documentation and on each model’s pricing page. The price applied to a request is the price in effect when the request is created.

6.2 Balance Validity

Your topped-up balance does not expire. If we grant bonus or promotional balance that has an expiry date, the expiry date will be stated when it is granted.

6.3 Failed Requests

When you create a generation task, we place a hold on your balance for the quoted price. Your balance is charged only if the generation succeeds; if the task fails, is cancelled, or times out, the hold is released in full. You are never charged for unsuccessful generations.

6.4 Payment Methods

Top-ups paid by card or digital wallet are processed by Waffo Pancake, which acts as the Merchant of Record for those transactions: Waffo Pancake is the seller of the top-up, collects the payment, handles applicable sales tax and invoicing, and appears on your card statement. Top-ups paid with cryptocurrency are processed by NOWPayments and sold by us directly. Whichever way you pay, your use of the Services is governed by these Terms. Each top-up must be between $15 and $1,000. We do not store your payment card details.

6.5 Taxes

For top-ups paid through Waffo Pancake, any applicable sales tax, VAT, or GST is calculated and collected by Waffo Pancake at checkout. For top-ups paid with cryptocurrency, fees are exclusive of applicable taxes, and you are responsible for paying any taxes, duties, or levies imposed by your jurisdiction in connection with your use of the Services.

6.6 Price Changes

We reserve the right to modify model prices. We will provide at least fourteen (14) days’ advance notice of any material price changes via email to the address associated with your account. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

7. Refunds

Our refund policy is described in detail on our Refund Policy page. Key provisions include:

• Holds for failed, cancelled, or timed-out generations are released in full, so you are not charged for them.
• Unused balance is, in principle, not refundable. Special cases, such as duplicate charges or mistaken top-ups, are handled at our discretion as described in the Refund Policy.
• Amounts charged for successful generations are non-refundable.

8. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms, all applicable laws and regulations, and the terms of service of any Upstream Provider whose models you access. What you may and may not create is set out in our Acceptable Use Policy, which is part of these Terms. In summary, you must not generate, upload, or distribute:

• Pornography or sexually explicit content (NSFW).
• Violence or gore.
• Hate speech.
• Child-unsafe content, including child sexual abuse material.
• Deepfakes or impersonation of real people or organizations.
• Content that infringes copyrights or trademarks.

You may only upload images that you own or have permission to use, and you must not upload photos of another person without their consent.

You must also not:

• Create or distribute malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to computer systems.
• Reverse engineer, decompile, or attempt to extract the source code, model weights, or underlying algorithms of any Upstream Provider models or the Services.
• Circumvent or attempt to bypass rate limits, safety mechanisms, or content filters.
• Resell, sublicense, or redistribute access to the Services without our prior written consent.
• Use the Services for fully automated decision-making that produces legal or similarly significant effects on individuals without appropriate human oversight.
• Use the Services in connection with mission-critical or safety-critical systems (such as nuclear facilities, air traffic control, medical life support, or weapons systems).

We reserve the right to suspend or terminate your access to the Services, without notice or refund, if we determine that you have violated this section or the Acceptable Use Policy. In cases involving child exploitation, terrorism, or weapons of mass destruction content, we may also report the violation to the appropriate law enforcement authorities.

9. Upstream Provider Terms

Your use of AI models through the Services is also subject to the terms, policies, and acceptable use policies of the respective Upstream Providers. These may include restrictions on how generated content may be used, stored, or distributed. It is your responsibility to review and comply with all applicable Upstream Provider terms.

We are not responsible for any changes, restrictions, suspensions, or discontinuation of models by Upstream Providers. If an Upstream Provider modifies or discontinues a model, we will make reasonable efforts to reflect these changes in our documentation, but we cannot guarantee uninterrupted access to any specific model.

10. Intellectual Property

10.1 Your Content

You retain all rights, title, and interest in your Customer Data (inputs and outputs), subject to the terms of the applicable Upstream Providers. We do not claim ownership of your inputs or the outputs generated through the Services.

10.2 License to Provide Services

By submitting Customer Data to the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, transmit, and process your Customer Data solely as necessary to provide the Services to you. This license terminates when you delete your account.

10.3 No Training on Customer Data

We do not use Customer Data to train, fine-tune, or otherwise improve any AI models or our own systems.

10.4 Our Intellectual Property

The Services, including the platform, API, documentation, website design, and all related intellectual property, are owned by MakerNice and protected by applicable intellectual property laws. Your use of the Services does not grant you any ownership interest in the Services.

10.5 Generated Content

We make no representations or warranties regarding the originality, copyright status, or intellectual property protections of any AI-generated content. Output from AI models may be similar or identical to content generated for other users. You are solely responsible for evaluating, validating, and determining the suitability of any generated content for your purposes.

10.6 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation or compensation to you.

11. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted, error-free, or continuous access. The Services may be subject to:

• Scheduled or unscheduled maintenance windows.
• Disruptions, outages, or performance degradation from Upstream Providers.
• Changes in model availability, quotas, or capabilities imposed by Upstream Providers.
• Network, infrastructure, or force majeure events beyond our control.

We will make reasonable efforts to notify you of planned maintenance and significant service disruptions by email.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• The Services will be reliable, uninterrupted, timely, secure, or error-free.
• The results or outputs obtained through the Services will be accurate, complete, current, or free from bias.
• Generated content will be eligible for intellectual property protection or will not infringe the rights of third parties.
• Any AI model will continue to be available or perform at any particular level of quality.

You acknowledge that AI-generated content may be inaccurate, incomplete, misleading, offensive, or biased, and that you are solely responsible for reviewing and validating all outputs before use.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKERNICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, arising out of or related to your use of or inability to use the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless MakerNice and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services or any activity under your account.
• Your Customer Data, including any inputs and outputs.
• Your violation of these Terms or any applicable law.
• Your violation of any Upstream Provider’s terms of service.
• Your infringement or misappropriation of any third party’s rights.

15. Suspension and Termination

15.1 By You

You may terminate your account at any time by contacting us at support@makernice.com.

15.2 By Us

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or legal process.
• We reasonably believe your account is being used for fraudulent, abusive, or unlawful activities.
• Your account has been inactive for an extended period, as determined by us.
• Continued provision of the Services is no longer commercially viable.

15.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account data, including any remaining balance, API keys, and associated files. We are not obligated to provide you with a refund for any unused balance upon termination for cause, except as required by applicable law or described in our Refund Policy.

16. Dispute Resolution

If a dispute arises out of or in connection with these Terms, you agree to first attempt to resolve the matter informally by contacting us at support@makernice.com. If the dispute is not resolved within thirty (30) days of your initial contact, either party may pursue formal resolution as permitted by applicable law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email at least fourteen (14) days before the changes take effect. We will also update the “Last updated” date at the top of this page.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and close your account.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and MakerNice regarding the Services and supersede all prior agreements, understandings, and communications.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, war, government actions, internet or infrastructure failures, or acts of third parties.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@makernice.com