Terms of Service

Last updated: April 2026

1. Acceptance of Terms

By accessing and using faktry ("the Service"), you accept and agree to be bound by these Terms of Service ("Terms"). faktry is operated by a company registered in Austria. If you do not agree to these Terms, please do not use the Service. These Terms apply to all users worldwide. Where mandatory consumer protection laws of your country of residence provide you with rights beyond those stated here, those rights are not affected by these Terms.

2. Description of Service

faktry is an AI-powered media processing platform that provides tools for content creation, processing, and management. All AI generation capabilities are delivered via third-party AI providers. For a full list of AI systems used and our approach to responsible AI, see our EU AI Act Compliance Statement.

2.1 Media Processing

• Image generation, editing, and manipulation using state-of-the-art AI models
• Video generation, editing, and conversion using AI video models
• Audio transcription, text-to-speech, and music generation
• PDF processing and document conversion

2.2 Creative Tools

• AI Video Editor — create videos from scripts using AI-generated imagery and video
• Prompt Gallery — share and discover AI prompts with the community
• Brand Guidelines — create and manage brand identity documents with AI assistance
• Workflows — automate media processing with custom multi-step workflows
• Media Library — store and organize your uploaded and generated content

2.3 API Access

Programmatic access to our media processing capabilities via REST API for integration into your own applications and workflows.

3. User Accounts

3.1 Account Registration

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

3.2 Account Security

You are responsible for:

• Keeping your login credentials secure and confidential
• All activities that occur under your account
• Managing and securing your API keys
• Promptly notifying us of any unauthorized access or suspected compromise

3.3 Account Termination

You may terminate your account at any time through your account settings. Upon termination, all credits will be forfeited without refund unless otherwise required by applicable law. See our Privacy Policy for details on data deletion.

4. Acceptable Use

4.1 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious files or content containing malware
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the Service for spam, harassment, or abuse
• Create illegal, harmful, defamatory, or offensive content
• Generate content depicting minors in sexual or otherwise inappropriate contexts
• Generate content intended to harass, threaten, or harm identifiable individuals
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use automated systems to overload or abuse our infrastructure
• Share, resell, or transfer your API keys to third parties

4.2 AI-Generated Content — Deepfakes and Disclosure

When using AI generation features, you must not:

• Generate synthetic content depicting real, identifiable persons in a false, misleading, or harmful context without their consent
• Create AI-generated content intended to impersonate a real person or spread disinformation
• Publish or distribute AI-generated content that could deceive audiences about its artificial origin without appropriate disclosure

When you publish or distribute AI-generated content — particularly content that resembles real persons, places, or events — you are responsible for including clear disclosure that the content was artificially generated. This obligation applies regardless of the platform or channel through which you distribute the content, and is consistent with the EU AI Act Article 50 transparency requirements (applying from 2 August 2026). See our EU AI Act Compliance Statement for full details.

4.3 Content Moderation

All prompts submitted to the Service are subject to automated content moderation before any AI generation request is dispatched. Our moderation system operates in two layers:

• A fast local filter for high-severity content (hate speech, self-harm, CSAM) — these are blocked immediately
• An AI-based second-opinion check for borderline cases

Blocked prompts are logged for safety auditing purposes (see our Privacy Policy). Credits are not charged for requests blocked by moderation. We reserve the right to suspend or terminate accounts that repeatedly attempt to submit prohibited content.

4.4 API Usage

When using our API:

• Keep your API keys confidential and secure
• Do not share API keys between users or services
• Respect rate limits and concurrent job limits
• All acceptable use obligations in Section 4 apply equally to API usage
• Report any compromised keys immediately via [email protected]

5. Content Ownership and Rights

5.1 Your Uploaded Content

You retain ownership of all content you upload to our Service. By using our Service, you grant us a limited, non-exclusive license to process, store, and transmit your content solely for the purpose of providing the Service to you. You represent that you have the rights necessary to upload and process any content you submit.

5.2 AI-Generated Content

Content generated by our AI tools is provided to you for your use, subject to these Terms and the usage policies of the underlying AI providers. You should be aware of the following:

• The copyright status of AI-generated content varies by jurisdiction and is an evolving legal area. We make no warranties that AI-generated content is original, unique, or copyright-free
• You are responsible for ensuring your use of generated content complies with applicable laws, including copyright, defamation, and personality rights law
• Generating content that incorporates or resembles copyrighted source material may carry additional risks; you are responsible for any such use
• Content generated using uploaded images of real persons may engage portrait rights and privacy rights in various jurisdictions; you are responsible for having the necessary consents

5.3 Prompt Gallery Content

By submitting content to the Prompt Gallery, you grant us a worldwide, non-exclusive, royalty-free license to display, distribute, and reproduce such content publicly with attribution. You represent that you have the right to submit such content and that it does not violate any third-party rights.

5.4 Brand Guidelines

You retain ownership of all brand guidelines, logos, and related assets you create or upload. You are responsible for ensuring you have the rights to use any logos, images, or brand elements you upload to the Service.

6. Credits and Payment

6.1 Credit System

Our Service operates on a credit-based system:

• Credits are purchased through our payment system and are required to use AI generation features
• Different operations consume different amounts of credits; costs are displayed before processing
• Credits are deducted only upon successful processing. Requests blocked by content moderation are not charged
• Your credit balance and transaction history are accessible in your account settings

6.2 Credit Expiration

6.3 Payment Processing

All payments are processed securely through Stripe. By making a purchase, you agree to pay all applicable fees. You represent that you are authorized to use the payment method provided.

6.4 Refund Policy

Our refund policy:

• Credits are generally non-refundable once purchased and used
• Unused credits may be eligible for a refund within 14 days of purchase — please contact [email protected]
• Credits are forfeited upon account termination
• Processing failures caused by our system errors will result in credit refunds to your account

Where applicable consumer protection law in your jurisdiction grants you a statutory right of withdrawal or cancellation beyond the above, that right is not excluded by these Terms. EU consumers have a 14-day right of withdrawal for digital service purchases under Directive 2011/83/EU; this right is waived once you expressly consent to service performance beginning within the withdrawal period and acknowledge the loss of the right of withdrawal upon full performance.

6.5 Pricing Changes

We reserve the right to modify credit prices and operation costs. Price changes will not affect credits already purchased. We will provide at least 30 days' notice of significant pricing changes via email or in-app notification.

7. Storage and Usage Limits

7.1 Storage Quotas

Storage limits are enforced based on your subscription tier. When storage limits are reached, you will be unable to upload new files or create content that would exceed your limit. You can free up storage by deleting files or upgrading your subscription.

7.2 Concurrent Jobs

The number of concurrent processing jobs is limited based on your subscription tier. Jobs exceeding this limit will be queued and processed as capacity becomes available.

7.3 API Rate Limits

API requests are subject to rate limiting. Excessive requests may result in temporary throttling. Rate limit information is included in API responses.

8. Service Availability

8.1 Service Level

While we strive to provide continuous service, we do not guarantee that the Service will be available at all times. Scheduled maintenance will be announced in advance where possible. We reserve the right to modify, suspend, or discontinue the Service or any feature at any time, with reasonable notice where practicable.

8.2 Third-Party Dependencies

Our Service relies on third-party AI providers and infrastructure services. We are not responsible for service disruptions caused by third-party outages or issues beyond our reasonable control.

9. Intellectual Property

9.1 Our Rights

The Service, including its original content, features, functionality, and underlying technology, is owned by faktry and is protected by international copyright, trademark, and other intellectual property laws.

9.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. This license does not include the right to resell, redistribute, or create derivative works from our Service or its underlying technology.

9.3 AI Model Rights

The AI models and algorithms used by the Service remain the property of their respective providers. You do not acquire any rights to the underlying AI technology by using our Service.

10. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy governs how we collect, use, and protect your personal information and forms part of these Terms. For information on how we handle AI content, transparency obligations, and content moderation, see our EU AI Act Compliance Statement.

11. Disclaimers

11.1 As-Is Service

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.

11.2 AI Content Disclaimer

AI-generated content may contain errors, inaccuracies, biases, or unexpected results. We do not guarantee the accuracy, quality, originality, or suitability of AI-generated content for any particular purpose. You are responsible for reviewing and validating all generated content before use.

11.3 No Professional Advice

The Service does not provide professional advice. Content generated or processed through our Service should not be relied upon for legal, medical, financial, or other professional purposes.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• faktry shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service
• Our total liability shall not exceed the amount you paid for credits in the 12 months preceding the claim
• We are not liable for losses resulting from unauthorized access to your account or API keys
• We are not liable for your use of AI-generated content or the consequences of publishing it
• We are not liable for third-party service disruptions or data breaches

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless faktry and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your violation of any third-party rights, content you upload or create, or your violation of applicable laws or regulations.

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, your credits will be forfeited without refund, and your data will be deleted according to our Privacy Policy.

14.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately for any of the following reasons:

• Breach of these Terms or our acceptable use policy
• Fraudulent, illegal, or abusive activity
• Repeated attempts to submit prohibited content
• Extended periods of inactivity (we will provide notice before acting)

14.3 Effect of Termination

Upon termination for any reason, all credits are forfeited, all API keys are revoked, and access to your data will be terminated. Public Prompt Gallery submissions may be retained unless you request removal.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Austria. Where you are a consumer, the mandatory consumer protection laws of your country of residence also apply and are not overridden by this choice of law.

15.2 Dispute Resolution

We encourage you to contact us first at [email protected] to resolve any dispute informally. If a dispute cannot be resolved informally, it shall be submitted to the competent courts of Austria. If you are a consumer resident in the EU, you may also bring claims before the courts of your country of residence and use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must terminate your account before the changes take effect.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and EU AI Act Compliance Statement, constitute the entire agreement between you and faktry regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, for example in the event of a merger or acquisition.

18. Contact Information

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

Our full legal documentation is available at: Privacy Policy · EU AI Act Compliance Statement