Terms of Service

1. The Service

1.1 MadHatter provides AI-powered tools for generating and editing images and videos. You provide text prompts, images, video, audio or other material (“Inputs”), and the Service generates images, video or other content in response (“Outputs”). Inputs and Outputs together are “Your Content”.

1.2 The Service uses machine-learning models developed by MadHatter and/or by third-party model providers. Which models are available may change at any time. Outputs are generated by statistical models: they may be inaccurate, unexpected, or unsuitable for your purpose, and Outputs are not unique — the same or similar Outputs may be generated for other users.

1.3 We may modify, add or discontinue features of the Service. If we discontinue the Service or materially degrade a paid feature, we will give reasonable advance notice and, where required by law, a pro-rata refund of prepaid fees.

2. Eligibility and Your Account

2.1 You must be at least 16 years old to use the Service. If you are 16 or 17, you confirm that your parent or legal guardian has consented to these Terms on your behalf.

2.2 You must provide accurate registration information and keep your credentials secure. You are responsible for activity under your account. Notify us immediately at hello@madhatter.technology of any unauthorized use.

2.3 Accounts are personal. You may not share, sell or transfer your account, or use automated means to create accounts.

3. Your Content — Ownership

3.1 You own Your Content. As between you and MadHatter, you retain all right, title and interest in and to your Inputs, and MadHatter assigns to you all of its right, title and interest (if any) in and to the Outputs generated for you. We do not claim ownership of Your Content.

3.2 You acknowledge that (a) due to the nature of machine learning, Outputs may not be unique, and other users may independently receive similar or identical outputs; ownership under 3.1 does not extend to other users’ independently generated content; and (b) the extent to which AI-generated content is protected by copyright varies by jurisdiction, and we make no warranty that you will be able to enforce intellectual-property rights in Outputs.

4. Your Content — License to MadHatter

4.1 You grant MadHatter a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit and display Your Content solely as necessary to (a) provide, maintain and secure the Service, (b) comply with applicable law, and (c) enforce these Terms and our Acceptable Use Policy (including automated content moderation).

4.2 This license ends when you delete the relevant content or your account, except (a) for content you have explicitly shared publicly within the Service and that others have re-used, (b) as retained in routine backups for a limited period, and (c) where retention is required by law.

4.3 We do not use Your Content to train or improve AI models — ours or anyone else’s — unless you have expressly opted in. Any training opt-in is off by default, can be withdrawn at any time in your account settings, and withdrawal stops future use of Your Content for training. Our contracts with third-party model providers prohibit them from using Your Content for training and limit their retention of Your Content to what is strictly necessary to generate your Output (no longer than 30 days).

4.4 If you choose to make content public in MadHatter community spaces, you additionally grant MadHatter a license to display and promote that content within the Service, and you grant other users a license to view it and, where the feature allows, remix it within the Service. You can withdraw content from public spaces at any time with effect for the future.

4.5 If you send us feedback or suggestions, we may use them without restriction or compensation.

4.6 Promotional use. You grant MadHatter a worldwide, non-exclusive, royalty-free license to feature, reproduce, publish, display and distribute the Outputs you generate on MadHatter — together with your display name or handle for attribution — in MadHatter’s own marketing and promotional activities, including our website, showreels and demos, our social-media and advertising channels, and public screenings, exhibitions and events. We will credit you where reasonably practicable and will not state or imply that you endorse unrelated third-party products. This license is limited to promoting MadHatter and the Service and does not transfer ownership of your Outputs. You may opt out of future promotional use, or ask us to stop featuring a specific creation, at any time by emailing hello@madhatter.technology; removal takes effect going forward and does not require us to recall materials already printed, broadcast, screened, or re-shared by third parties. This clause does not apply to Inputs you upload of identifiable real people, which remain subject to Section 6 (you must hold the necessary consents).

5. Use of Outputs — Tiers and Commercial Use

5.1 Paid plans: you may use Outputs generated during an active paid subscription for any lawful purpose, including commercial purposes. These usage rights vest permanently in Outputs generated while your subscription was active and survive downgrade or cancellation.

5.2 Free plan: Outputs may be used for personal, non-commercial purposes only and may carry a MadHatter watermark.

5.3 Regardless of plan, you must comply with the Acceptable Use Policy, and you are solely responsible for verifying that your use of an Output is lawful — including that it does not infringe third-party intellectual-property, personality or other rights — before you publish or commercialize it.

5.4 Transparency. Where you distribute Outputs that could reasonably be mistaken for authentic depictions of real people, places or events, you must clearly disclose that the content is AI-generated, as required by our Acceptable Use Policy and by Article 50 of the EU AI Act where applicable. You must not remove or alter AI-content labels, watermarks or provenance metadata that MadHatter attaches to Outputs.

6. Your Responsibilities and Warranties

6.1 You warrant that (a) you own or have all rights and permissions necessary for your Inputs, including consent from any identifiable person whose image, likeness or voice appears in them; (b) your Inputs and your use of Outputs do not violate applicable law or the rights of any third party; and (c) you will not upload special categories of personal data (e.g. biometric, health) or confidential information of third parties without a lawful basis.

6.2 You will comply with the Acceptable Use Policy at all times. In summary, you must not use the Service to create or share unlawful, infringing, deceptive, sexually explicit, or harmful content; content that sexualizes or endangers minors; non-consensual depictions of real people; or content intended to deceive or manipulate. The Acceptable Use Policy contains the complete rules.

6.3 You must not (a) reverse engineer, scrape or extract data or models from the Service; (b) use the Service or Outputs to develop, train, fine-tune or improve any competing AI model or service; (c) resell or provide the Service to third parties as a service bureau; (d) circumvent usage limits, content filters or security measures; or (e) use automated means to mass-generate content beyond documented API allowances.

7. Fees, Credits, Renewal and Withdrawal

7.1 Fees and renewal. Paid subscriptions renew automatically for successive periods at the then-current price until cancelled. You can cancel any time in your account settings, effective at the end of the current billing period. We will notify you at least 30 days in advance of price increases, which take effect at your next renewal; if you do not agree, cancel before renewal.

7.2 Credits. Monthly plan credits reset at each billing cycle and do not roll over. Separately purchased credit packs do not expire while your account remains open. Credits have no cash value and are non-transferable. On termination of your account for your breach, remaining credits are forfeited; on any other closure of a paid account we will refund the pro-rata value of unused purchased credit packs where required by law.

7.3 EU/EEA consumer right of withdrawal. If you are a consumer in the EU/EEA or UK, you have the right to withdraw from a purchase within 14 days without giving a reason. For digital services, if you request that the service begin immediately, you expressly consent to immediate performance and acknowledge that (a) for one-off digital content delivered in full, you lose the right of withdrawal once performance has begun with your express consent; and (b) for subscriptions, if you withdraw within 14 days you will receive a refund reduced pro-rata by the value of the service already used (including credits consumed). To withdraw, use the withdrawal form available from support or contact hello@madhatter.technology.

7.4 Taxes: prices include VAT where stated for consumers; business customers are responsible for applicable taxes under reverse-charge rules.

8. Intellectual-Property Complaints (Notice and Action)

8.1 We respect intellectual-property rights and comply with the EU Digital Services Act and, for US matters, the DMCA. If you believe content on the Service infringes your rights, notify our designated agent at hello@madhatter.technology with: identification of the work and the allegedly infringing material (URL), your contact details, a good-faith statement, a statement of accuracy made under penalty of perjury, and your signature.

8.2 We will act expeditiously to remove or disable access to manifestly infringing content, notify the affected user with a statement of reasons, and provide a counter-notice and internal appeal procedure. Users whose content is removed may appeal within 6 months via our in-app appeals form (or hello@madhatter.technology). We maintain a repeat-infringer policy: accounts that repeatedly infringe will be terminated. Manifestly unfounded notices submitted repeatedly may lead to suspension of the notifier’s ability to submit notices.

9. Privacy

Our Privacy Policy explains what personal data we process, why, for how long, and your rights under the GDPR. For business customers we offer a Data Processing Agreement incorporating the European Commission’s Standard Contractual Clauses where relevant.

10. Suspension and Termination

10.1 You may stop using the Service and delete your account at any time.

10.2 We may suspend or restrict your account, or remove content, where we reasonably believe you have violated these Terms or the Acceptable Use Policy, where required by law, or to address security risks. Except in serious cases (e.g. child-safety violations, unlawful content, security threats — where we may act immediately and, where legally required, report to authorities), we will give you notice, a statement of reasons, and an opportunity to respond before terminating your account for breach.

10.3 On termination, Sections 3, 4.6, 5.1 (vested rights), 6, 8, 11, 12 and 13 survive. We will make Your Content available for export for at least 30 days after account closure, unless we are legally required to remove it or your account was terminated for child-safety or similarly serious violations.

11. Disclaimers

11.1 The Service and Outputs are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that Outputs will meet your requirements, be accurate, be unique, or be free of third-party rights.

11.2 Outputs are not professional advice. Do not rely on Outputs for medical, legal, financial or other professional decisions.

11.3 Nothing in this Section limits warranties or guarantees that consumers are entitled to under mandatory law, including the conformity requirements of Directive (EU) 2019/770 as implemented in your country of residence.

12. Liability

12.1 To the maximum extent permitted by law, neither party is liable for indirect or consequential damages, loss of profits, revenue, goodwill or data.

12.2 MadHatter’s total aggregate liability arising out of or related to the Service is limited to the greater of (a) the amounts you paid to MadHatter in the 12 months preceding the event giving rise to liability, or (b) €100.

12.3 Nothing in these Terms excludes or limits liability for (a) intent or gross negligence, (b) death or personal injury caused by negligence, (c) fraud, or (d) any liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection law.

12.4 Indemnity. If you are a business user, you will indemnify MadHatter against third-party claims arising from your Inputs, your use of Outputs in breach of these Terms, or your violation of law. If you are a consumer, you are responsible for damage caused by your breach of these Terms in accordance with statutory rules.

13. Governing Law and Disputes

13.1 These Terms are governed by the laws of the Netherlands. If you are a consumer residing in the EU/EEA or UK, you also benefit from any mandatory protections of the law of your country of residence, and nothing in these Terms deprives you of them.

13.2 Disputes will be submitted to the competent court in Amsterdam, the Netherlands, except that consumers may also bring or defend proceedings in the courts of their country of residence. We prefer to resolve issues informally first — contact hello@madhatter.technology and we will respond within 30 days.

14. Changes to These Terms

We may amend these Terms for good reason (legal, security, functional or economic). We will give at least 30 days’ notice of material changes by email or in-app notice. If you do not agree, you may terminate before the changes take effect and receive a pro-rata refund of prepaid, unused fees. Continued use after the effective date constitutes acceptance.

15. Miscellaneous

Assignment only with consent (we may assign to an affiliate or in a merger/acquisition with notice); no waiver by inaction; severability; these Terms plus the incorporated policies are the entire agreement; the English version prevails over courtesy translations unless mandatory law provides otherwise.

Contact: MadHatter, registered in the Netherlands, Johan van Hoornstraat 19, 2595 HP Den Haag, Zuid-Holland, KvK 92761585, RSIN 866164194 — hello@madhatter.technology