Fluxion

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Terms of Service

Last updated: January 12, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Bitzen S.r.l. Semplificata ("Company", "we", "us", or "our") concerning your access to and use of the Fluxion platform ("Service", "Platform"), including any associated websites, applications, and services.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Company Information

Bitzen S.r.l. Semplificata

Via Cavour 20, 41032, Cavezzo (MO), Italy

P.IVA/C.F.: IT03953870361

Codice SDI: P62QHVQ

Email: [email protected]

3. Description of Service

Fluxion is a SaaS platform that provides AI-powered image and video generation services. The Service allows users to:

  • Generate images using AI technology (Google Imagen 3)
  • Generate videos using AI technology (Google Veo 3)
  • Organize and manage projects and media assets
  • Purchase and manage credits for generation services
  • Subscribe to monthly plans for recurring access

4. User Accounts

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You may register using:

  • Google OAuth authentication
  • Email and password authentication

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

4.3 Account Eligibility

You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you meet this age requirement.

5. Credits and Pricing

5.1 Credit System

The Service operates on a credit-based system:

  • Image Generation: 1 credit per image (up to 1024x1024 resolution)
  • Video Generation: 7-96 credits per video depending on model, duration (4-12 seconds), and resolution

5.2 Subscription Plans

Monthly subscription plans include a fixed number of credits that renew at the beginning of each billing cycle. Unused credits from subscription plans do not roll over to the next billing period.

5.3 One-Time Credit Purchases

Credits purchased as one-time packages never expire and can be used at any time. One-time purchases are only available to active paid subscribers.

5.4 Pricing Changes

We reserve the right to modify our pricing at any time. Price changes will not affect existing subscriptions until the next renewal period. We will provide at least 30 days' notice of any price increases.

6. Billing and Payments

6.1 Payment Processing

All payments are processed securely through Stripe, Inc. We do not store your complete payment card information. By providing payment information, you authorize us to charge your payment method for all fees incurred.

6.2 Subscription Billing

Subscriptions are billed monthly in advance. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

6.3 Taxes

All fees are exclusive of applicable taxes (including VAT, sales tax, GST, or similar). You are responsible for paying all applicable taxes associated with your use of the Service.

6.4 Failed Payments

If a payment fails, we will attempt to process the payment again. If payment continues to fail, your subscription may be suspended or canceled, and your access to the Service may be restricted.

7. Cancellation and Refunds

7.1 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe Customer Portal. Cancellations take effect at the end of your current billing period. You will retain access to paid features until that time.

7.2 Refund Policy

Except as required by law, all payments are non-refundable. We do not provide refunds or credits for:

  • Partial billing periods
  • Unused credits from subscription plans
  • Credits used for generation services

One-time credit purchases are non-refundable once credits have been added to your account.

8. Acceptable Use Policy

8.1 Prohibited Content

You agree not to use the Service to generate, upload, or distribute content that:

  • Is illegal, harmful, threatening, abusive, or discriminatory
  • Infringes intellectual property rights of others
  • Contains malware, viruses, or other harmful code
  • Depicts minors in inappropriate contexts
  • Contains explicit sexual content or pornography
  • Promotes violence, terrorism, or illegal activities
  • Violates any applicable laws or regulations

8.2 Prohibited Activities

You agree not to:

  • Attempt to reverse engineer or extract models from the Service
  • Use automated means to access the Service without authorization
  • Share your account credentials with others
  • Resell or redistribute credits or generated content commercially without proper rights
  • Circumvent usage limits or technical restrictions
  • Interfere with or disrupt the Service or servers

9. Intellectual Property Rights

9.1 Service Ownership

The Service, including all software, technology, content, and trademarks, is owned by Bitzen S.r.l. Semplificata and its licensors. These Terms do not grant you any ownership rights to the Service.

9.2 Generated Content

Subject to your compliance with these Terms and applicable laws:

  • You retain ownership of any images or prompts you upload to the Service
  • You own the generated images and videos created through the Service
  • You grant us a limited license to process your content solely to provide the Service

Generated content is subject to the underlying AI models' terms and conditions (Google Imagen 3 and Veo 3).

9.3 User Responsibilities

You are solely responsible for ensuring that your use of generated content complies with all applicable laws, including copyright, trademark, and publicity rights. You must obtain necessary permissions for any third-party content you use.

10. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

11. Service Availability and Modifications

11.1 Availability

We strive to provide reliable Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

11.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

12. Disclaimers and Limitations of Liability

12.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 AI-Generated Content Disclaimer

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

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITZEN S.R.L. SEMPLIFICATA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to indemnify, defend, and hold harmless Bitzen S.r.l. Semplificata, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

14. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the Service settings.

14.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

  • Violates these Terms or applicable laws
  • Creates risk or legal exposure for us
  • Is harmful to other users or third parties
  • Is fraudulent or involves non-payment of fees

14.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination shall survive.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

15.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Modena, Italy.

15.3 EU Consumer Rights

If you are a consumer in the European Union, you benefit from mandatory consumer protection provisions under EU law, and nothing in these Terms affects your statutory rights.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date at the top of these Terms
  • Sending you an email notification (for material changes)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bitzen S.r.l. Semplificata regarding the Service.

17.2 Severability

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

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

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

Bitzen S.r.l. Semplificata

Via Cavour 20, 41032, Cavezzo (MO), Italy

Email: [email protected]

P.IVA/C.F.: IT03953870361

By using Fluxion, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.