Terms and Conditions
1. Our Disclosures
1.1 Term of Service
These Terms apply from the moment you sign up for an account until your account is terminated in accordance with these Terms. You are granted the right to use our Services only for this period.
1.2 Age Requirement
If you are under the age of 18, you must have obtained consent from your parents or guardian—or be under the supervision of a responsible adult—to use our Platform.
1.3 Changes to These Terms
We may update these Terms at any time by providing written notice. By clicking “I accept” or continuing to use our Platform after receiving notice (or after 30 days, whichever comes first), you agree to the updated Terms. If you disagree with any changes, you can cancel your Subscription in one of two ways:
(a) By going to your Settings page, which will redirect you to the Stripe Customer Portal, where you can manage and cancel your Subscription; or
(b) By providing us with written notice of cancellation.
In either case, you will lose access to our Services as of the cancellation date.
2. Our Services
2.1 Service Offering
We provide you with the following services:
(a) Access to our Platform; and
(b) Access to our troubleshooting support (Support Services).
Collectively, these are referred to as our Services.
2.2 Support Services
If you require assistance, you can request Support Services by contacting us through our Platform.
2.3 Access Requirements
If we need access to your premises or computer systems to provide our Services, you agree to grant such access without risk to the safety of our employees or contractors.
2.4 Scope of Services
We are not responsible for any services not expressly set out in these Terms or on our Platform.
2.5 Additional Services
If you require additional services, we may offer them at our sole discretion. These services will be defined and priced in a separate contract.
2.6 Third-Party Products or Services
If you engage third parties to work alongside our Services—such as integrating with external software systems—you are responsible for the goods or services they provide, unless we expressly agree otherwise under clause 2.5.
3. Account
3.1 Account Registration
You must sign up for an Account to access and use our Services and Platform.
3.2 Account Responsibilities
While you maintain an Account with us, you agree to:
(a) Keep your information up-to-date, accurate, and complete;
(b) Secure and keep confidential your username and password to prevent misuse or theft; and
(c) Notify us immediately if you suspect any unauthorized access to your Account.
3.3 Inactivity and Account Deletion
If your Account remains inactive for 12 months or more, we may close and permanently delete your Account. This deletion will result in the loss of any Content you have generated. We will notify you via the email address provided during registration prior to deleting your Account.
4. Subscriptions
4.1 Subscription Options
After creating your Account, you can choose from the available Subscription plans listed on our Platform. Each plan includes details on its features, limitations, fees, and subscription periods.
4.2 Billing Cycle
During your Subscription Period, you will be billed for the Subscription Fees on a recurring basis as outlined on our Platform.
4.3 Upgrades and Downgrades
You may upgrade or downgrade your Subscription at any time through your Account. Upgrades take effect immediately, with any fee differences charged on a pro-rata basis. Downgrades will take effect at the start of the next Billing Cycle.
4.4 Payment Processing
Subscription Fees are billed at the beginning of each Billing Cycle. All payment and subscription management is handled through the Stripe Customer Portal.
4.5 Payment Requirements
All payments must be made using lawful methods. If you pay by debit or credit card, you must be the authorized cardholder. For direct debit payments, you authorize Stripe to debit your bank account in line with your chosen Subscription, and you confirm that you are the account holder or an authorized signatory.
4.6 Pausing Your Subscription
You may pause your Subscription for up to three months per Subscription Period by notifying us through your Account. During this pause, you will not have access to our Services, and you will not be charged Subscription Fees for the suspension period (calculated on a pro-rata basis).
4.7 Cancellation
Your Subscription continues for the current Subscription Period and automatically renews at the end, provided all fees have been paid. To cancel your Subscription, you can do so through your Account. Cancellation will take effect at the end of the current Subscription Period, and you will be responsible for all fees until that period ends.
4.8 Late Payments
If any Subscription Fees are not paid on time, we may suspend your access to our Services until payment is received. No extra fees or interest will be charged on late payments.
4.9 Taxes
You are responsible for any taxes, levies, or duties associated with your use of our Services, including sales taxes, value-added taxes, or withholding taxes, unless we are legally required to collect them on your behalf.
4.10 Billing Inquiries and Refund Requests
By subscribing to our service, you acknowledge that your account will be charged on a recurring basis. If you believe you’ve been charged in error or wish to cancel your subscription, please contact us at create@purefantasyai.com before initiating a chargeback through your bank. We are committed to resolving any billing issues promptly and issuing refunds where applicable according to our refund policy. Initiating a chargeback without first contacting us may affect your eligibility for a refund and could lead to suspension or termination of your account.
5. Platform Licence
5.1 License Grant
While your account is active, we grant you a limited, non-exclusive, non-transferable license to use our Platform in accordance with these Terms. This license is subject to your Subscription and may be suspended or revoked if these Terms are violated.
5.2 Usage Restrictions
You agree not to use our Platform in any way that:
(a) Is unlawful, improper, or infringes on the rights (including intellectual property and privacy rights) of others;
(b) Interferes with or disrupts the operation of our Platform or the access of others;
(c) Introduces viruses, malware, or any harmful software into the Platform;
(d) Attempts to reverse-engineer, duplicate, or create a competing service based on our Platform;
(e) Accesses data or systems for which you do not have proper authorization;
(f) Uses your account for unauthorized commercial activities or shares your credentials with others;
(g) Circumvents any security measures established on our Platform; or
(h) Transmits, publishes, or communicates any material that is defamatory, offensive, abusive, indecent, harassing, or otherwise objectionable. This includes, but is not limited to:
• Content that is harassing, fraudulent, or harmful;
• Unsolicited advertising or spam, including data harvesting;
• Impersonation or misrepresentation of any person;
• Content depicting sexual abuse, non-consensual acts, or explicit pornography;
• Content involving child exploitation or the depiction of minors in any sexual manner;
• Content depicting animal cruelty, extreme violence, or graphic gore;
• Content that promotes hate, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic;
• Any content that we, in our sole discretion, deem unsuitable or contrary to community standards.
By using our Platform, you agree to adhere to these usage restrictions.
6. Availability, Disruption and Downtime
6.1 Service Availability
While we work hard to keep our Services available, we do not guarantee 100% uptime. Occasional disruptions may occur due to scheduled maintenance or unforeseen issues.
6.2 Third-Party Dependencies
Our Services rely on third-party providers, such as cloud hosting services. We are not liable for any downtime or disruptions caused by these external providers to the maximum extent permitted by law.
6.3 Notice of Disruptions
We will make reasonable efforts to notify you in advance of any planned maintenance or disruptions to your access to our Services.
7. Disclaimer regarding Generative AI and Large Language Models
7.1 Generated Content
Our Platform uses generative AI and large language model technologies to produce content—including text, images, audio, and video (collectively, “Generated Content”)—that may appear highly realistic or convincing. Please note that Generated Content might include deep fakes, inaccuracies, biases, or other misleading information. You are solely responsible for verifying the accuracy, reliability, and legality of any Generated Content before relying on or using it.
7.2 No Warranty
Subject to your rights under applicable consumer law, all Generated Content is provided “as is” without any warranties, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We disclaim any liability for errors, omissions, or inaccuracies in the Generated Content, any infringement on third-party rights (including intellectual property rights), and any damages or losses arising from your use of or reliance on such content.
8. Ownership of Inputs & Outputs
8.1 Submission and Generation of Content
You may submit text, documents, images, videos, or other inputs (“Inputs”) to our Service and receive corresponding outputs generated by our system (“Outputs”). Together, these are referred to as “Content.”
8.2 Responsibility for Inputs
You are solely responsible for all Inputs you submit. By doing so, you represent and warrant that you have all necessary rights, licenses, and permissions for us to process your Inputs and generate Outputs. You retain ownership of your Inputs.
8.3 Ownership for Paid Subscribers
If you are a paid subscriber, all Intellectual Property Rights in any Content you create on our Platform will vest in you upon creation, subject to your compliance with these Terms. If such rights do not automatically vest in you, you hereby assign all such rights to yourself and we agree to take all necessary actions to secure your title.
8.4 Public vs. Private Content
Paid subscribers may choose to designate their Content as public or private. Public Content will be accessible to all users on the Platform, while private Content remains available only to you. The ability to select a privacy setting for your Content is determined by your Subscription plan.
8.5 License for Private Content
You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable, and non-transferable license to use any Private Content solely to perform our obligations or exercise our rights under these Terms. We will not use, store, analyze, or process your Private Content for any other purpose, including training AI models or developing new offerings, without your express written consent.
8.6 License for Public Content
You grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable license to use, reproduce, modify, copy, process, adapt, publish, transmit, create derivative works of, publicly display, and distribute any Public Content. This license is granted for the purposes of providing, maintaining, promoting, and improving our Services, which may include training AI models and developing new offerings.
8.7 Ownership for Free Subscribers
If you are a free subscriber, all Intellectual Property Rights in any Output you create on our Platform will vest in us upon creation. By using the Platform, you agree to assign those rights to us and to do whatever is necessary to confirm our title to such rights.
8.8 Moral Rights
If you, as an individual, have any moral rights in any material provided, used, or prepared in connection with these Terms, you agree to (and will ensure that any personnel working with you also consent to) our use or alteration of that material as permitted under these Terms.
9. Ownership of Services, Platform and Data
9.1 Intellectual Property Rights
We own all intellectual property rights in our Services, including our Platform. This covers the design, functionality, copyrighted works, trademarks, inventions, and other proprietary materials (collectively, “Our Materials”). You agree not to copy, reverse-engineer, or misuse our intellectual property, and you must not remove or alter any copyright, confidentiality, or ownership notices on our Platform. Nothing in these Terms transfers any of our Intellectual Property Rights to you.
9.2 Platform Developments
We own all Intellectual Property Rights in any modifications, enhancements, or improvements made to our Platform or Our Materials (“Platform Developments”). If such rights do not automatically vest in us by law, you hereby assign all rights in these developments to us and agree to take any necessary actions to secure our title.
9.3 License to Use Our Materials
We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable, and non-transferable license to use Our Materials provided by us solely for your personal use and enjoyment of our Services, for the duration of your Subscription Period.
9.4 Feedback and Suggestions
Any feedback or suggestions you provide may be used by us in any manner we see fit, including for the development of new features. No compensation or benefit will be provided to you as a result of your feedback or suggestions.
9.5 Anonymized Data
When you use our Services, we may generate anonymized statistical data through aggregation. Once anonymized, this data becomes our property, and we may use it for purposes such as improving our Services, developing new offerings, identifying business trends, or for other purposes we may communicate to you. This anonymized data may also be made publicly available, provided it cannot be linked to your identity.
10. Confidential Information and Personal Information
10.1 Confidential Information
When using our Services, you may share confidential information with us and learn about our confidential information. Both parties agree to protect this information and use it only as necessary to provide and use our Services. You must take reasonable steps to prevent unauthorized disclosure, and we will do the same. This includes ensuring that any employees, contractors, or advisors only access confidential information on a need-to-know basis and agree to maintain its confidentiality.
10.2 Legal Disclosures
Either party may disclose confidential information if required by law, regulation, or a legal process. In such cases, the disclosing party will, when possible, notify the other party so that protective measures can be sought.
10.3 Personal Information
We collect, store, use, and disclose your Personal Information in accordance with our Privacy Policy (available on our website) and applicable privacy laws.
10.4 Consent for Sharing Personal Information
Only share Personal Information with us if you are authorized to do so, such as having obtained the individual’s express consent.
10.5 Third-Party Disclosures
We may disclose your Personal Information to our related companies or trusted service providers (such as IT and administrative service providers and professional advisors) solely for the purpose of supporting our Services or as required by law.
10.6 Reporting Requirements
If we are required by law to report on our activities, you acknowledge that we may request additional information from you. You agree to provide such information within reasonable timeframes as requested.
11. Liability
11.1 General Liability
To the maximum extent permitted by law, PureFantasy will not be liable for any loss or damage arising from your use of our Services. This includes, but is not limited to, issues related to your computing environment (such as your hardware, software, or telecommunications systems) and any use of our Services by any party other than you.
11.2 Limitation of Liability
Regardless of any other provision in these Terms, to the fullest extent permitted by law:
(a) Neither you nor PureFantasy will be liable for any indirect, incidental, or consequential losses;
(b) Each party’s liability will be reduced proportionately if the loss is partly caused by the actions or omissions of the other party;
(c) For Services not ordinarily acquired for personal, domestic, or household use, PureFantasy’s liability is limited to either providing the Services again or refunding the cost of the Services; and
(d) In all cases, PureFantasy’s total liability to you for any loss or damage arising from these Terms will be limited to the amount of Subscription Fees you have paid for the relevant Services, or if you do not have a Subscription, up to USD $1,000.
12. Notice Regarding Apple
12.1 Use on iOS Devices
If you access our Platform via an iOS device using our mobile application from the Apple App Store, please note that these Terms are solely between you and PureFantasy—not with Apple Inc. Apple is not responsible for our Platform or any content on it.
12.2 No Apple Support Obligation
Apple is not obligated to provide any maintenance or support for our mobile application.
12.3 Warranty Claims
If our mobile application fails to meet any applicable warranty, you may contact Apple for a refund of the purchase price. To the maximum extent permitted by law, any other warranty or claim, including those for losses or damages, is the responsibility of PureFantasy.
12.4 Third-Party Claims
Apple is not responsible for any claims by you or any third party relating to our mobile application, including product liability, non-conformity with legal or regulatory requirements, or claims under consumer protection laws.
12.5 Intellectual Property Infringement
Apple is not responsible for investigating, defending, settling, or discharging any third-party claims that our mobile application infringes on their intellectual property rights.
12.6 Compliance with Third-Party Terms
When using our mobile application, you agree to comply with any applicable third-party terms.
12.7 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms. By accepting these Terms, you agree that Apple has the right to enforce them against you as a third-party beneficiary.
12.8 U.S. Government Restrictions
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Suspension and Termination
13.1 Suspension of Access
We may suspend your access to our Services if:
(a) We reasonably believe there has been unauthorized access or use of our Services (for example, sharing your login details without permission);
(b) You have submitted content that is offensive or violates any laws; or
(c) You have otherwise breached these Terms.
13.2 Suspension Notification
If we suspend your access, we will notify you within a reasonable time and work with you to resolve the issue within 14 days. If the matter cannot be resolved, we may terminate your Account, and your access to our Services will end.
13.3 Termination by Us
We may terminate these Terms (meaning you lose access to our Services and your Subscription is cancelled) if:
(a) You fail to pay your Subscription Fees when due;
(b) You breach these Terms and do not remedy the breach within 14 days of our notification;
(c) You breach these Terms in a manner that cannot be remedied; or
(d) You experience an insolvency event (such as bankruptcy, receivership, liquidation, or entering into a creditors’ arrangement).
13.4 Termination by You
You may terminate these Terms if:
(a) We breach these Terms and do not remedy the breach within 14 days of your notice; or
(b) You choose to terminate your account by notifying us through your Account or via our notice email. If you have a Subscription, termination will take effect at the end of your current Subscription Period. In such cases, if you have paid Subscription Fees upfront, you will be issued a pro-rata refund for any unused portion of your Subscription Period.
13.5 Effect of Termination
Termination of these Terms will not affect any other rights or liabilities that either party may have.
14. General
14.1 Assignment
You may not transfer or assign these Terms, or any benefits or obligations under them, to any third party without our prior written consent. We reserve the right to assign or transfer these Terms, or any debt owed by you to us, to a third party.
14.2 Disputes
Before starting any court proceedings over a dispute related to these Terms, both parties agree to meet in good faith to try and resolve the issue. If the dispute remains unresolved:
(a) If you are resident or incorporated in Australia, the matter will be referred to mediation administered by the Australian Disputes Centre in accordance with their guidelines; or
(b) If you are not resident or incorporated in Australia, the matter will be referred to arbitration administered by the Australian Centre for International Commercial Arbitration, conducted in Sydney, New South Wales, before one arbitrator, in English and under the ACICA Arbitration Rules.
14.3 Events Beyond Our Control
We are not liable for any delays or failures in performing our obligations if those delays or failures are due to events or circumstances beyond our reasonable control.
14.4 Governing Law
These Terms are governed by the laws of New South Wales. Any disputes or matters relating to these Terms will be resolved exclusively by the courts in New South Wales, including any appeals from those courts.
14.5 Refusal of Illegal or Inappropriate Requests
We reserve the right to refuse any requests related to our Services that we deem inappropriate, unethical, unreasonable, or illegal, or that do not comply with these Terms.
14.6 Marketing Communications
By using our Services, you agree that we may send you electronic communications about our products and services. You may opt-out of these communications at any time using the unsubscribe function provided in the emails.
14.7 Nature of the Relationship
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us.
14.8 Notices
All notices must be sent to the email address provided at the beginning of these Terms. We will send any notices to the email address associated with your Account.
14.9 Survival
The provisions of Sections 7 through 14 will survive the termination or expiry of these Terms.
14.10 Third-Party Sites
Our Platform may include links to third-party websites. We do not control or endorse the content of these sites, and we are not responsible for them. We advise you to review the terms and privacy policies of any third-party sites you visit. If you purchase goods or services from these sites, they are provided by the third party, not by us. We may receive benefits, such as referral fees or commissions, from some of these links, which will be clearly indicated.
15. Affiliate Program
15.1 Eligibility
You must be at least 18 years old and have an active PayPal or bank account to join the Affiliate Program. We may accept or reject any application at our sole discretion.
15.2 Enrollment
To enrol, complete the affiliate registration form with accurate contact, tax and payout details. Once approved, you will receive a unique referral link and access to an affiliate dashboard.
15.3 Affiliate Links and Materials
(a) You may use only the links, banners and other creatives that we provide or expressly approve.
(b) You must not alter tracking links or mask them in a way that interferes with tracking.
(c) You must clearly disclose any promotional relationship in accordance with applicable advertising and consumer-protection laws (for example, “#ad” or “#sponsored”).
15.4 Commission
(a) You earn a commission on net subscription revenue (ex-taxes, discounts and refunds) generated by customers who sign up through your referral link within the cookie window shown in your dashboard.
(b) The commission rate and cookie window may change; we will give 30 days’ notice of any change by email or via the dashboard.
(c) No commission is paid on fraudulent, cancelled or refunded transactions.
15.5 Payouts
(a) Commission balances are tallied at month-end and paid within 30 days, provided you meet the minimum payout threshold shown in the dashboard.
(b) All transfer or processing fees charged by your chosen payout provider are your responsibility.
15.6 Prohibited Activities
You must not:
(i) Bid on “PureFantasy” (or confusingly similar terms) in search ads;
(ii) Use spam, unsolicited email or misleading messages;
(iii) Claim false earnings, fake testimonials or deceptive content;
(iv) Engage in cookie stuffing, link hijacking or any fraudulent activity; or
(v) Offer cash-back or incentives without our written consent.
A breach may result in immediate termination and forfeiture of unpaid commissions.
15.7 Intellectual Property
We grant you a non-exclusive, non-transferable licence to use our trademarks and creatives solely to promote PureFantasy while you are an active affiliate. You must not register domains, social handles or ad accounts containing “PureFantasy” (or similar) without written permission.
15.8 Taxes
You are solely responsible for reporting and paying any taxes arising from commission payments.
15.9 Term and Termination
(a) This Affiliate Program agreement begins on the date we approve your application and continues until terminated.
(b) You may terminate at any time by closing your affiliate account.
(c) We may suspend or terminate your participation at any time, with or without notice, if you breach these terms or if we believe your activity harms our brand or users.
(d) Upon termination, all licences end and unpaid commissions may be forfeited if termination is for cause.
15.10 Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, consequential or special loss (including lost profits). Our aggregate liability under this Affiliate Program will not exceed the commissions paid to you in the preceding six (6) months.
15.11 Independent Contractor
Nothing in this Section 15 creates a partnership, joint venture, employment or agency relationship. You have no authority to make or accept offers or representations on our behalf.
15.12 Modifications
We may update this Section 15 from time to time. Changes take effect 30 days after we post the updated terms in the affiliate dashboard or notify you by email. Continued participation after that date constitutes acceptance.
15.13 Governing Law
This Affiliate Program is governed by the same governing-law and dispute-resolution clauses set out in Section 14 of these Terms.
Definitions
Account
An “Account” means the account created by an individual or entity to access our Services.
Consequential Loss
“Consequential Loss” includes any indirect or special loss, such as loss of profit, revenue, business, goodwill, opportunity, savings, reputation, use, or data (including loss or corruption). However, your obligation to pay for our Services does not constitute Consequential Loss.
Intellectual Property Rights (IPR)
“Intellectual Property Rights” or “Intellectual Property” refer to all existing and future rights worldwide under any legal system, including rights related to copyrights, designs, patents, trademarks, domain names, know-how, inventions, processes, trade secrets, confidential information, software, databases, and source codes. This also includes any rights to register such properties and any improvements or modifications thereof, whether registered or not.
Liability
“Liability” means any expense, cost, loss, damage, claim, demand, proceeding, or judgment (whether direct, indirect, unascertained, future, or contingent) arising under statute, contract, equity, tort (including negligence), or otherwise, involving any party.
Moral Rights
“Moral Rights” have the meaning given in the Copyright Act 1968 (Cth) and any similar rights in other jurisdictions.
Our Materials
“Our Materials” means all intellectual property owned by or licensed to us, including any improvements, modifications, or enhancements of such intellectual property.
Personal Information
“Personal Information” means any information or opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether the information is true or recorded in a tangible form.