Introduction

These Terms of Service ("Terms") govern your access to and use of HappyHorse's AI image generation and editing services available at happyhorse.design (the "Service"). By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, please do not use our Service.

Description of Service

HappyHorse provides AI-powered image generation and editing tools, including but not limited to text-to-image generation, image-to-image transformation, AI image editing, and related features. The Service operates on a credit-based and subscription-based model. AI generation capabilities are powered in part by third-party AI model providers, and your use of generated content may also be subject to those providers' terms of service.

Account Registration and Security

  • You must be at least 16 years old to create an account.
  • You must provide accurate and complete information during registration and keep it up to date.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
  • You must notify us immediately of any unauthorized use of your account.
  • We reserve the right to suspend or terminate accounts that have been inactive for an extended period.

Subscriptions and Payments

Subscription Plans

We offer a Free tier and multiple paid subscription tiers (Basic, Pro, Max, and ProMax) with different credit allocations, billing cycles (monthly or yearly), and feature access levels. Plan details and pricing are displayed on our pricing page and may be updated with reasonable notice. New users may receive a one-time registration gift of credits subject to applicable terms and conditions.

Credit System

  • Credits are the unit of consumption for AI generation features.
  • Subscription credits are allocated monthly and expire at the end of each billing cycle unless otherwise specified.
  • Registration gift credits are one-time and subject to a separate expiration period.
  • Credit packs (one-time purchases) have a 365-day validity period from the date of purchase.
  • Credits are non-refundable once used.
  • Unused expired credits cannot be reinstated.
  • Upon account termination, all unused credits are forfeited and are not eligible for refund.

Billing

  • Payments are processed through our payment provider, Creem. By providing your payment information, you agree to the terms and conditions of our payment provider.
  • Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
  • We may offer promotional pricing at our discretion. Such offers are subject to specific terms communicated at the time of the offer.
  • By creating an account, you acknowledge that you may be automatically subscribed to our newsletter. You may unsubscribe at any time through the unsubscribe link in our emails.

Refund Policy

  • Subscription fees are non-refundable for the current billing period after the Service has been accessed.
  • We may issue refunds for unintentional duplicate charges or technical billing errors upon request.
  • Credit pack purchases are non-refundable once the credits have been made available in your account.
  • Refund requests must be submitted within 7 days of the original charge.

Acceptable Use Policy

You agree not to use the Service to:

  • Generate, create, or distribute content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Generate, create, or distribute NSFW (Not Safe For Work), sexually explicit, nude, semi-nude, sexually suggestive, or otherwise adult-oriented content, including but not limited to content depicting sexual acts, undressing, suggestive poses, or erotic material.
  • Generate content that promotes, depicts, or facilitates any form of sexual violence, exploitation, or abuse.
  • Produce images that infringe upon the intellectual property rights, privacy rights, or any other rights of third parties.
  • Create deepfake content, misleading media, or content designed to deceive or manipulate.
  • Generate content depicting minors in inappropriate or harmful contexts.
  • Generate images of real individuals (including celebrities and public figures) in misleading, defamatory, or unauthorized contexts.
  • Generate content that impersonates or falsely attributes statements to real individuals.
  • Generate content for use in high-stakes domains including medical diagnosis, legal advice, or financial decisions without proper professional review.
  • Attempt to circumvent usage limits, credit restrictions, or security measures.
  • Use automated tools, bots, or scripts to access the Service without authorization.
  • Reverse engineer, decompile, or disassemble any aspect of the Service.
  • Use the Service for any purpose that is unlawful or violates any applicable regulations.

User Content and Intellectual Property

Your Content

  • You retain ownership of content you upload to the Service.
  • By using our AI tools, you grant us a limited, non-exclusive license to process your input content solely for the purpose of generating the requested output.
  • You are solely responsible for ensuring that your input content does not violate any laws or third-party rights.

Generated Content

  • You own the images and content generated through our Service, subject to these Terms and applicable law. Please note that intellectual property protection for AI-generated content may vary by jurisdiction.
  • Generated content is provided for your personal and commercial use, unless restricted by applicable law or by the terms of the third-party AI providers powering our Service.
  • We do not claim ownership over your generated content.
  • We reserve the right to use anonymized, aggregated generation data to improve our AI models and services.

Our Intellectual Property

The Service, including its software, design, branding, AI models, and documentation, is owned by HappyHorse and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our express written consent.

Prohibited Activities

In addition to the Acceptable Use Policy above, you may not:

  • Share your account credentials with others or allow unauthorized access.
  • Resell, redistribute, or sublicense access to the Service.
  • Interfere with or disrupt the Service's infrastructure, servers, or networks.
  • Use the Service to send spam, malware, or other harmful code.
  • Scrape, crawl, or extract data from the Service through automated means.

Termination

  • You may terminate your account at any time through your account settings or by contacting us.
  • We may suspend or terminate your account and access to the Service immediately, without prior notice, for violation of these Terms, abusive behavior, or any other reason at our sole discretion.
  • Upon termination, your right to use the Service ceases immediately.
  • Provisions that by their nature should survive termination will remain in effect.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER 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, ERROR-FREE, OR THAT AI-GENERATED OUTPUTS WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPYHORSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless HappyHorse, its affiliates, officers, and employees from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of the Service, your content, or your violation of these Terms.

Force Majeure

HappyHorse shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, pandemics, or interruptions to third-party services (including AI model providers, payment processors, and cloud infrastructure).

Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of the jurisdiction where HappyHorse maintains its principal place of business.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HappyHorse regarding your use of the Service, and supersede any prior agreements or communications.

No Waiver

The failure of HappyHorse to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HappyHorse.

Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email notification or a prominent notice on our website. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

Contact Us

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