Last updated: May 29, 2025
Welcome to artifiya.com – our platform that enables users to create artwork and visuals utilizing AI-powered image generation tools, among other creative features (the “Platform”).
These Terms of Use (the “Terms”) form a legally binding agreement between you and MendiGen s.r.o., company with registration number 23608552, with its registered address at 716/24 Rybna Str., Old Town, 110 00 Prague 1. In these Terms, “user(s)” “you” or “your” refers to you as an individual or any entity you represent. “We,” “us,” or “our”, “MendiGen” refers to MendiGen s.r.o.
By accessing or using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms, as well as any additional policies made available on the Platform. If you do not agree to these Terms, you may not use our Platform.
For questions regarding these Terms, please contact: support@artifiya.com.
1. Our Services
1.1. Our Platform grants users access to advanced AI-driven image creation tools, allowing the generation of distinctive artwork and visual media. We reserve the right, at our sole discretion, to alter, improve, suspend, or terminate any part or feature of the Platform at any moment, without prior announcement or obligation.
1.2. If you use third-party services alongside ours, such third parties are independent and not governed by us. We disclaim responsibility for any third-party services unless expressly stated otherwise.
1.3. Third-Party AI and Outputs. The Platform may rely on third-party tools, models, APIs, hosting providers, and other service providers to generate outputs and operate features. We do not control and are not responsible for third-party services, including their availability, accuracy, or compliance, and they may impose additional terms. Your use of the Platform is subject to these Terms and any applicable third-party terms presented to you.
2. Account Registration
2.1. To access certain features, you must register and create an account (the “Account”) by providing accurate and complete personal information including your name, phone number, email address, and password.
2.2. You are responsible for keeping your information accurate and current, including your contact and payment details. Registration data is processed in accordance with our Privacy Policy.
2.3. Your Account is for your personal use only and must not be shared with third parties. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account.
2.4. We reserve the right to refuse or terminate accounts for legitimate reasons, including violations of these Terms, fraud prevention measures, suspected identity fraud, spamming, ineligibility, or registration attempts from restricted regions.
2.5. Account Security and Authorized Use. You must promptly notify us at support@artifiya.com of any unauthorized access to or use of your Account. You are responsible for all activity conducted through your Account, including any purchases of Points and any content generated, unless prohibited by applicable law.
2.6. If your account remains inactive for 12 consecutive months, we may close and delete it, including any associated content. You will be notified in advance.
3. Eligibility
3.1. You may use the Platform only for lawful purposes and in accordance with all applicable laws and regulations. Access is restricted to individuals who are at least 18 years old, or the age of legal majority in their jurisdiction, whichever is greater.
3.2. By accessing or using the Platform, you represent and warrant that you have the legal authority to enter into a binding contract.
3.3. Access to our services may be restricted in certain jurisdictions due to legal or regulatory limitations. The Platform is not available to users in the following countries and regions: The following territories are specifically restricted: Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea (North Korea), Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russian Federation, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe, as well as all disputed/occupied territories (Crimea, Donetsk, Luhansk).
4. Payment and Delivery
4.1. Our Platform operates on a internal virtual point system known as “Points”, which are internal digital units that may be used to access and consume certain features and services on the Platform. Users may top-up their Account by exchanging monetary funds for Points, either via predefined packages or custom amounts, at the rate displayed at checkout (currently 1 Euro per 1 Point, unless otherwise stated). Points are consumed when you place a request (e.g., generate an image) or use a paid feature; applicable Point costs are displayed on the Platform before you confirm the action. Points are not a bank account, payment account, stored value account, or e-money, and do not accrue interest.
4.2. Please note that Points are non-transferable and can only be used within your Account to access Platform services. Points have no cash value, cannot be exchanged outside the Platform, and are not redeemable for money.
Points/Token Usage Rules. (a) Expiration: Unless otherwise stated at the time of purchase, Points do not expire while your Account remains active; however, if we close an inactive Account under Section 2.5, any unused Points may be forfeited to the extent permitted by law. (b) No Transfers/Sale: You may not transfer, sell, gift, or trade Points, and we may void Points obtained or used in breach of these Terms. (c) Adjustments and Errors: We may correct Points balances where there is a technical, billing, or accounting error, or where Points were obtained through fraud, abuse, or violation of these Terms. (d) Promotions: Promotional Points (if offered) may be subject to additional terms (including expiry and usage limits) disclosed at issuance. (e) Negative Balance: If your Points balance becomes negative for any reason (including chargebacks or reversals), we may suspend use of the Platform until the balance is restored.
4.3. All prices for Points (including bundles, packages and special offers) and services are clearly listed on the Platform. We may revise our pricing at any time, with prior notice provided.
4.4. Accepted payment methods include VISA and Mastercard. By submitting your payment information, you confirm that you are authorized to use the selected payment method.
Payment Authorization; Failed Payments. By providing a payment method, you authorize us (and our payment processors) to charge the applicable fees, taxes, and any other amounts disclosed at checkout. If a payment fails or is reversed, we may suspend access to paid features, withhold delivery of deliverables, and/or require an alternative payment method. You are responsible for any bank, card issuer, or processor fees incurred due to failed payments or reversals, to the extent permitted by law.
4.5. Refunds and Cancellation Policy. Except where mandatory consumer law provides otherwise, purchases of Points and digital services are generally non-refundable once (i) Points have been credited to your Account and/or (ii) a digital service has been performed or made available to you. Notwithstanding the foregoing, you may request a refund or other remedy by contacting support@artifiya.com if: (a) you were charged in error; (b) Points were not credited after successful payment; (c) Points are unusable due to a verified technical fault attributable to us; (d) the Platform fails to deliver the purchased digital deliverable within the applicable timeframe and we cannot cure within a reasonable time; or (e) other circumstances where applicable law requires a refund. Refund requests must be submitted within fourteen (14) days from the date of the relevant charge unless applicable law requires a longer period. If approved, we may (at our option and to the extent permitted by law) (i) restore Points to your Account, (ii) re-perform the service, or (iii) refund the purchase price to the original payment method; any cash refund will be net of any non-refundable fees charged to us by payment processors where permitted by law. Cancellations: You may cancel an order at any time before payment is completed. After payment, you may request cancellation only for the reasons above; if Points have already been credited and/or used, we may deny the cancellation request except as required by law. Nothing in this Section limits your statutory rights.
4.6. You are responsible for any taxes, duties, or additional fees that may apply to purchases made through the Platform.
4.7. Payment processing may be handled by third-party payment providers. We are not liable for issues arising from these providers' systems, policies, or practices. By making a purchase on our Platform, you acknowledge and agree that such transactions may be subject to the terms, conditions, and privacy policies of these external providers. We do not store or directly process your payment information. While we strive to work with secure and compliant payment providers, we are not responsible for any delays, errors, unauthorized transactions, disruptions, or other issues that may arise from the systems, actions, or inactions of these third-party services. Any disputes, chargebacks, or inquiries regarding payment transactions would be directed to the relevant payment service provider for which we will provide relevant and reasonable assistance.
4.8. Complaint and Chargeback Procedure; Dispute Resolution for Payments. (a) Complaints: If you have a complaint about a charge, Points balance, delivery, or service fulfilment, you must first contact us at support@artifiya.com. We will acknowledge receipt within three (3) business days and aim to provide a substantive response within fourteen (14) days (or inform you if more time is needed and why). (b) Evidence and Cooperation: You agree to provide reasonable information we request to investigate (e.g., transaction ID, timestamps, error messages). (c) Chargebacks: Before initiating a chargeback with your bank/card issuer, you agree to contact us and allow us a reasonable opportunity to resolve the issue. If you initiate a chargeback without first contacting us (or while a complaint is being actively investigated), we may suspend your Account and/or restrict access to the Platform pending resolution, to the extent permitted by law. (d) Chargeback Outcomes: If a chargeback is granted or results in a reversal, we may remove the associated Points and/or disable access to deliverables that were provided for that transaction. If your Points balance becomes negative, you must bring it back to zero before making further purchases or using Points. (e) Payment Disputes: Payment disputes will be handled in accordance with these Terms and the applicable rules of card schemes and payment processors; nothing in this Section limits your mandatory legal rights.
4.9. Delivery Policy. (a) Points Credit: Points are normally credited to your Account immediately after a successful payment authorization/settlement. If Points are not credited, please contact support@artifiya.com and we will investigate. (b) Digital Deliverables: Where a purchase or feature includes a specific deliverable (e.g., generated images, downloads, or other digital outputs), fulfilment occurs when the deliverable is made available in your Account or otherwise on the Platform. Unless otherwise stated on the Platform, we aim to provide such deliverables within two (2) business days; however, many outputs are generated on-demand and may be available immediately. (c) Delays and Failures: If we cannot provide the deliverable within the stated timeframe due to a technical fault attributable to us, we will use commercially reasonable efforts to remedy the issue. If we cannot remedy within a reasonable time, you may be eligible for a refund or other remedy under Section 4.5. (d) Support: For access, usability, functionality, or quality issues, contact support@artifiya.com and include your account email, transaction details, and a description of the issue; we may request additional information (e.g., screenshots) to troubleshoot.
4.10. Orders may be canceled at any time prior to completion of the payment. For post-payment cancellations, please refer to the refund policy described above.
4.11. Customer Rights; Cooling-Off (Where Applicable). If you are a consumer in the European Union/European Economic Area or another jurisdiction with mandatory consumer rights, you may have statutory rights (including withdrawal/cooling-off rights for certain purchases) that cannot be waived by contract. Where a statutory withdrawal right applies to digital content or digital services, you may lose that right once performance has begun and you have expressly requested and acknowledged such commencement, as presented to you at checkout, to the extent permitted by law.
5. License to Use the Platform; Compliance Provisions
5.1. Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and its features.
5.2. Acceptable Use Policy. YOU MUST NOT:
- Use the Platform for unlawful purposes;
- Interfere with or disrupt the Platform’s operation;
- Introduce malicious software or code;
- Use unauthorized or modified versions of the Platform;
- Attempt to access data or accounts you do not own;
- Exploit the Platform for commercial use without permission;
- Bypass security features;
- Upload, request, generate, publish, or otherwise use the Platform to create, possess, or distribute content that is illegal, harmful, or inappropriate, including: (a) sexual content involving minors or any content that sexualizes minors; (b) non-consensual sexual content or intimate imagery (including “deepfakes”); (c) content that promotes, facilitates, or depicts violence, terrorism, or extremist organizations; (d) instructions for wrongdoing (including weapons construction, fraud, hacking, or evading law enforcement); (e) content that infringes intellectual property, privacy, or publicity rights; (f) hateful or harassing content targeting protected characteristics; (g) content intended to defame, threaten, or unlawfully discriminate; (h) malware, phishing, scams, or deceptive practices; (i) unlawful gambling promotion; (j) content designed to impersonate others or mislead recipients about origin or authenticity; or (k) any content that violates applicable law or our posted policies.
5.3. Content Moderation; Prohibited Content Controls; Misuse Prevention. (a) Automated and Human Review: We may use automated systems and/or human reviewers to detect, prevent, and address prohibited or abusive activity, including scanning prompts, uploads, outputs, and usage patterns for policy compliance, safety, and fraud prevention, to the extent permitted by law and consistent with our Privacy Policy. (b) Blocking and Removal: We may refuse to generate content, block prompts, restrict functionality, remove content, and/or disable access to outputs where we reasonably believe content or conduct violates these Terms, applicable law, or our safety policies. (c) Reporting: You may report suspected policy violations or illegal content to support@artifiya.com. We will review reports within a reasonable time and may request additional information. (d) Preservation and Disclosure: Where required by law or reasonably necessary to protect users, the public, or our services, we may preserve and disclose information (including content and account data) to competent authorities or impacted parties in accordance with applicable law. (e) No Guaranteed Filtering: You understand that content moderation is not perfect and we do not guarantee that prohibited content will be detected or removed in all cases.
5.4. Sanctions, AML Screening, and Fraud Prevention. (a) Screening and Eligibility: To comply with applicable sanctions, anti-money laundering (AML), counter-terrorist financing, and fraud prevention obligations, we may screen users, transactions, and activity (including using third-party tools) and may require additional information to verify identity, payment method ownership, or source of funds where appropriate. (b) Restricted Persons/Regions: You must not use the Platform if you are subject to sanctions, are located in a restricted region listed in Section 3.3, or are acting on behalf of a sanctioned or restricted person or entity. (c) Refusal, Holds, and Termination: We may refuse, limit, or reverse transactions, place holds on Accounts/Points, suspend access, or terminate Accounts where we reasonably suspect fraud, money laundering, sanctions violations, or other illegal activity, or where required by law. (d) Cooperation: You agree to cooperate with reasonable verification requests; failure to do so may result in suspension or termination. (e) No Liability for Compliance Actions: To the extent permitted by law, we are not liable for losses resulting from actions taken to comply with legal obligations or to prevent fraud or misuse.
6. Disclaimer Regarding AI-Generated Content
6.0. No Professional Advice. The Platform is not intended to provide legal, financial, or other professional advice, and you must not rely on Outputs for such purposes without independent verification by a qualified professional. You must not use the Platform or Outputs for any high-risk activity where failure or inaccuracy could lead to unexpected results, or significant property or environmental damage (including emergency services, or critical infrastructure).
6.1. Content generated via AI technology may not always be accurate, reliable, or appropriate. You are solely responsible for reviewing and verifying AI-generated content before use. We do not guarantee that any AI-generated content will be factually correct, legally compliant, or suitable for any specific use. Users are solely responsible for evaluating and verifying any content before relying on it, and for ensuring that their use of such content complies with all applicable laws, regulations, and third-party rights.
6.2. The Platform and its services, including but not limited to all AI-generated content, are provided on “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. This includes, but is not limited to, warranties of non-infringement or merchantability. We disclaim all warranties, express or implied, regarding the accuracy, reliability, and fitness for a particular purpose of the content or Platform. We shall not be held liable for any errors, omissions, or damages arising from the use of the Platform or AI-generated content or from reliance on such content for decision-making, publishing, or any other purpose.
7. Availability and Disruption
7.1. While we aim to maintain continuous availability, uninterrupted service cannot be guaranteed. We are not responsible for any loss or damage arising from the unavailability of the Platform or any technical disruptions, including but not limited to data loss, delays, or loss of access to content or functionality.
7.2. We are not responsible for service disruptions caused by third parties. Users are responsible for ensuring that they have adequate internet connection and compatible devices to access and use the Platform effectively.
7.3. We will make reasonable efforts to notify users of planned maintenance or unplanned outages.
8. Intellectual Property Rights
8.1. All intellectual property rights related to the Platform, including its design, software, content (excluding user-generated content), trademarks, and branding, are owned by or licensed to MendiGen. You may not copy, reproduce, or distribute any Platform content without prior written consent of MendiGen.
8.2. Feedback. If you submit suggestions, ideas, or feedback regarding the Platform, you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and exploit such feedback for any purpose without compensation to you.
9. User-Generated Content
9.1. Ownership and Rights in Inputs/Outputs. As between you and us, you retain any rights you may have in the content you submit to the Platform (including prompts, uploads, and other materials) (“Inputs”). As between you and us, we assign to you (to the extent permitted by applicable law and subject to Section 9.2 and third-party rights) any rights we may have in the specific output content generated for you through the Platform (“Outputs”). You acknowledge that (a) Outputs may be similar or identical to content generated for other users; (b) we do not guarantee that Outputs are original, non-infringing, or protectable by intellectual property laws; and (c) third parties may have rights in training data, underlying models, or other elements used to generate Outputs.
9.2. You are solely responsible for ensuring that your content does not infringe on the rights of others. You represent that you have all necessary permissions to create and share such content.
9.3. By using our Platform, you acknowledge and agree that you are solely responsible for the content you generate. You must ensure that your content does not violate any applicable laws or regulations, infringe upon the intellectual property or other rights of third parties, or include any unlawful, offensive, or inappropriate material.
9.4. We reserve the right (but not the obligation) to monitor, review, or remove any user-generated content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate, without prior notice.
9.5. Copyright Complaints (Notice-and-Takedown). If you believe content on the Platform infringes your copyright, please send a notice to support@artifiya.com with: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and where it is located on the Platform; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; and (e) a statement, under penalty of perjury (where applicable), that the information is accurate and you are the copyright owner or authorized to act on their behalf. We may remove or disable access to the material and, where appropriate, terminate repeat infringers. If you believe content was removed in error, you may contact us with a counter-notice including sufficient information to evaluate your request.
9.6. License to Operate the Platform. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and transmit your Inputs and Outputs solely as necessary to operate, maintain, secure, and improve the Platform, to provide customer support, to enforce these Terms, and to comply with law. If you choose to publicly share content through the Platform (where such feature is available), you grant us the additional right to display that shared content as part of operating and promoting that sharing feature. This Section does not grant us the right to sell your private Inputs/Outputs as standalone content.
10. Privacy
10.1. Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your personal data. You acknowledge that, to provide the Platform, we may process your Inputs (including prompts and uploaded content) and Outputs, and that such data may be processed by service providers acting on our behalf (e.g., hosting, analytics, security, payment, and AI infrastructure), subject to the Privacy Policy and applicable law. MendiGen is not responsible for the privacy practices of third-party websites linked from the Platform.
11. Limitation of Liability and Indemnification
11.1. Limitation of Liability. To the maximum extent permitted by law, MendiGen shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the amount you have paid to us for services within the two (2) months preceding the claim.
11.2. Indemnification. You agree to indemnify and hold harmless MendiGen and its affiliates from any claims, liabilities, damages, or expenses arising from your use of the Platform, your content, or your violation of these Terms.
12. Miscellaneous
12.1. Export Controls. You must comply with applicable export control and trade compliance laws and regulations. You may not use, export, re-export, transfer, or disclose the Platform (or any related technical data) in violation of such laws, including to prohibited destinations, entities, or individuals.
12.2. Electronic Communications and Records. You agree that communications, notices, and disclosures related to the Platform may be provided electronically (including via the Platform, email, or by posting updates to these Terms), and that electronic records and signatures have the same legal effect as their paper equivalents, to the extent permitted by law.
12.3. Severability; Assignment; Entire Agreement. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. These Terms (together with any policies referenced herein) constitute the entire agreement between you and us regarding the Platform and supersede prior or contemporaneous understandings on the same subject matter.
12.4. Governing law; Dispute Resolution. The laws of the Czech Republic shall govern these Terms and any matters arising from or relating to the use of the Platform, without giving effect to any principles of conflicts of law. Before commencing formal proceedings, you agree to first contact us at support@artifiya.com and allow us a reasonable opportunity to resolve the dispute. Subject to mandatory consumer protection rules (including any mandatory jurisdiction provisions), any legal action or proceeding arising from or related to the use of the Platform shall be brought in the competent courts of the Czech Republic, and you consent to the jurisdiction and venue of such courts.
12.5. Changes. We reserve the right to modify, update, or replace these Terms from time to time to reflect changes in our services, legal requirements, or business operations. If we make material changes, we will provide you with reasonable notice, which may be given by posting the updated Terms on our website and/or notifying you via email or other contact information you have provided. The updated Terms will become effective on the date specified in the notice. By continuing to access or use the Platform after the effective date, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you should discontinue use of the Platform before they come into effect.
12.6. Suspension. We may suspend or terminate your access to your Account or the Platform for violations of these Terms, applicable laws and regulation or for other reasons, like illegal activity, misrepresentation or gross misconduct, at our sole discretion.
12.7. Effect of Suspension/Termination on Points and Content. Upon suspension or termination of your Account (whether by you or us), your right to access the Platform immediately ceases. To the extent permitted by law and except where required for refunds under Section 4.5, any unused Points may be forfeited if your Account is terminated for fraud, chargeback abuse, or material violation of these Terms; otherwise, unused Points will remain available until account closure under Section 2.5 or as otherwise required by law. We may delete or disable access to content associated with a terminated Account, subject to applicable law and any legal preservation obligations.
12.8. Termination. You may terminate your Account at any time. Termination will take effect within ten (10) days of your request.
Please review these Terms carefully. If you have any questions, feel free to contact us at support@artifiya.com.
