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Last Updated: September 14, 2025

Thank you for choosing to use the FlickArt platform ("FlickArt" or the "Platform"), which includes the FlickArt official website and any other current or future features, functionality, content, or services (collectively, the "Services").

The Services are offered by FlickArt, Inc. ("we," "us," or "our"), a Delaware corporation, with its registered office located at 131 Continental Dr., Suite 305, Newark, New Castle County, Delaware 19713, USA.

1. Your Agreement to These Terms

These Terms of Service (these "Terms" or the "Agreement"), as may be updated from time to time, govern your access to and use of the Platform and Services. They form a legally binding agreement between you and us. For purposes of these Terms, "you" and "your" refer to you as the end user of the Services. By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully, particularly the provisions in bolded and ALL CAPS, which highlight key legal terms and conditions. You must accept all terms and conditions set forth in this Agreement before using the Services. If you do not agree to any part of these Terms, you must immediately stop using the Services and refrain from proceeding further.

Your access to and use of the Services are also subject to our Privacy Policy as well as any additional guidelines or rules that may be made available to you from time to time. The terms of those documents will be posted through our Services or otherwise notified to you, and they are incorporated herein by reference.

2. Changes to These Terms

To improve your experience and ensure the safety and performance of our Services, we may update, enhance, or modify the Services from time to time. We also reserve the right to revise these Terms as necessary to reflect changes in our practices, legal requirements, or business operations. When we make material changes, we will make reasonable efforts to notify you—for example, by posting an update on the Platform or sending a notice to your account email. We will also update the "Last Updated Date" at the top of these Terms to indicate when the changes take effect.

It is your responsibility to review these Terms periodically. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services immediately.

3. Account and Registration

3.1 Account Requirements

To access and use many of the Services provided through the Platform—including, for example, the image and video generation features of FlickArt—you must first register for an account. When creating an account, you must provide accurate, current, complete, and truthful information. You are responsible for maintaining the accuracy of your account information at all times.

3.2 Eligibility

You must be at least 13 years of age, or the minimum age required in your jurisdiction, to use the Services. If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use the Services with the permission and under the supervision of your parent or legal guardian. By using the Services, you confirm that your parent or legal guardian has reviewed and agreed to these Terms with you.

3.3 Account Security and Responsibility

You acknowledge and agree to the following:

(a) Account security. You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You must not share your login information with any third party.

(b) Account activity. You are solely responsible for all activities that occur through or under your account. If you are using the Platform or Services on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to do so, and all such use shall be deemed to be on behalf of and binding upon that entity.

(c) Monitoring. We may, but are not obligated to, monitor activities occurring under or through your account. We are not liable for any loss or damage arising from any unauthorized access to or use of your account, including but not limited to hacking, misuse, or theft.

We reserve the right to temporarily suspend, permanently terminate, or otherwise restrict your account, with or without notice, at any time and for any reason or no reason, including but not limited to the following circumstances: (i) if you violate any provision of these Terms or any applicable law; (ii) if, in our sole discretion, your account activity may cause harm to us, other users, or third parties, impair the functionality or security of the Platform or Services, or infringe any third-party rights (including intellectual property rights); (iii) in response to lawful requests from law enforcement or regulatory authorities; (iv) due to technical, operational, or security-related issues; or (v) if your account has been inactive for a prolonged period of time.

If you no longer wish to use or access the Platform and our Services, you may request to delete your account by contacting us at founders@flick.art. Upon termination, your access to the Platform and the Services will be discontinued. We will delete or de-identify your relevant information in accordance with our data retention policies and applicable law.

4. User Conduct and Prohibited Activities

4.1 Prohibited Use

You agree to use the Services solely for lawful purposes and only as expressly permitted under these Terms and applicable laws. You shall not use the Services, directly or indirectly:

(a) to exploit, harm, or attempt to exploit or harm minors in any manner;

(b) to generate or disseminate verifiably false or misleading information with the intent to cause harm;

(d) in any manner that infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other legal rights of any third party;

(e) to defame, harass, intimidate, threaten, or otherwise disparage any person or group;

(f) for fully automated decision-making processes that may adversely affect an individual's legal rights or entitlements;

(g) in any way intended to discriminate against or harm individuals or groups based on personal characteristics or social behavior, whether online or offline;

(h) to exploit any group based on age, social status, physical or mental condition, or other vulnerabilities;

(i) to provide medical advice, diagnoses, treatment recommendations, or interpretations of medical results;

(j) to generate or use information in connection with the administration of justice, law enforcement, immigration, or asylum proceedings;

(k) to violate or circumvent applicable export control, sanctions, or national security laws;

(l) to engage in spam, fraud, or other deceptive or manipulative practices; or

(m) to bypass, interfere with, or undermine the Services' safety features, content filters, or usage limits.

5. Content and License

5.1 Content

You may provide input to the Services ("Input"), and receive output generated by the Services based on that Input ("Output"). Together, Input and Output are referred to as "Content." Content may include, without limitation, prompts, text, URLs, code, images, videos, data, datasets, documentation, or any other materials or information you submit to or receive from the Services.

5.2 Ownership of Content

Subject to applicable law and the rights granted under these Terms:

(a) You retain all ownership rights, including copyright, in your Input; and

(b) As between you and us, you own the Output generated by the Services in response to your Input.

6. Paid Services and Payments

6.1 Paid Services

Depending on your region and the specific Services available to you, we may offer certain features or functionality free of charge ("Free Services"), while others require payment before access is granted ("Paid Services"). Paid Services may include, without limitation, FlickArt Starter, FlickArt Basic, FlickArt Pro, and any other premium offerings made available on the Platform.

7. Intellectual Property Rights

7.1 Our Ownership

The Services, including all software, models, features, documentation, user interfaces, text, graphics, logos, trademarks, and other materials made available by FlickArt (collectively, the "FlickArt Materials"), are owned by us or our licensors and are protected by intellectual property and other laws. Except for the limited rights expressly granted to you under these Terms, no rights are granted or implied.

8. Third-Party Services

The Services may incorporate, interoperate with, or rely on third-party services and technology, including without limitation third-party large language models ("LLMs"), foundation or video models, datasets, SDKs, APIs, hosting/CDN, payments, and analytics (collectively, "Third-Party Services").

9. Disclaimer of Warranties

The Services and all materials and content available through the Services are provided "as is" and "as available."

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT:

9.1 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;

9.2 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICES WILL BE FREE OF HARMFUL CODE;

9.3 ANY INFORMATION OR OUTPUT OBTAINED THROUGH THE SERVICES WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, OR APPROPRIATE FOR A PARTICULAR USE;

9.4 ANY CONDITIONS, REPRESENTATIONS, OR WARRANTIES (INCLUDING IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR CONFORMANCE WITH DESCRIPTION) APPLY, EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THESE TERMS.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

10.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (USD $50).

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FLICKART, INC., OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THIRD-PARTY PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR CONTENT; (B) YOUR ACCESS TO OR USE OF THE SERVICES; (C) YOUR BREACH OF THESE TERMS OR VIOLATION OF APPLICABLE LAW; OR (D) ANY DISPUTE BETWEEN YOU AND A THIRD PARTY.

12. Dispute Resolution and Governing Law

12.1 Forum; Venue; Service of Process

Unless otherwise required by applicable law, all claims or disputes arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to personal jurisdiction and venue in those courts and waives any objection based on forum non conveniens or improper venue.

12.2 Governing Law; Time to File

Except as otherwise required by applicable law, these Terms shall be governed by and construed under the laws of the State of California, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Any claim must be filed within one (1) year after the cause of action accrues, otherwise the claim is permanently barred, unless a longer period is required by law.

13. Contact Information

If you have any complaints, suggestions, or other questions about these Terms, please contact us at founders@flick.art. We will review the issues involved as soon as possible and respond after verifying your identity. Legal notices may also be sent to: FlickArt, Inc., 131 Continental Dr., Suite 305, Newark, New Castle County, DE 19713, USA.

TERMS OF USE