Prodia Labs Terms of Service

Last Updated January 01, 2025

Introduction, Overview and Agreement

These terms of service (and any other terms or information incorporated into them by reference) (collectively the “Terms”) govern your access and use of our products and services (described below) and any related content provided to you through our website located at https://prodia.com, https://app.prodia.com, API, mobile applications and related technologies (“Mobile Apps” and collectively with our website and API, including any updated or new features, functionality and technology, the “Services”).


The Services are provided by Prodia Labs Inc. (“Prodia,” “we,” or “us”) to provide generative tools for our users to express their creativity to produce, share or otherwise make available video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials content (“Content”). The Services use an artificial intelligence (“AI”) tool to generate this Content. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of content, we cannot guarantee the suitability or appropriateness of the resulting Content (including all art, music, video, etc.) you generate. You are solely responsible for your use of the Services, including your generation of Content, and the consequences of your Content Sharing (as defined below).


PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PRODIA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.


Your Information

For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register to set up a membership account, please read and review our Privacy Policy.


Community Guidelines

As a valued member of our user community, the contribution of your near-boundless creativity plays an important part in creating a dream-worthy environment to produce incredible Content. We like to say “near-boundless” because your contributions must be safe, legal, and in accordance with these Terms. We want to be very clear about what we expect from you, and how we may respond if you do not meet our expectations. Before posting, publishing, or otherwise making available Content with others (collectively, “Content Sharing”), you must give careful consideration to the potential physical, emotional, mental, financial, and reputational harm that it may have on others. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else. These Community Guidelines apply to your Content and use of the Services, including any Content Sharing.


ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING A PERMANENT BAN AND YOU WILL FORFEIT ANY REMAINING CREDITS AND FEES PAID FOR THE SERVICES). WE MAY CHANGE THE SERVICES IN OUR SOLE DISCRETION. WE WILL ENDEAVOR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE TO YOU, BUT MAY DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH Law, PROTECT OR ENFORCE LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY. IF WE DISABLE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON, YOU MAY NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO DISABLE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE. SUSPENSION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES WILL NOT TERMINATE PRODIA’S RIGHTS TO YOUR CONTENT.


Without limiting the foregoing or any other rights Prodia might have, you acknowledge and agree that Prodia may preserve your Content and may also disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Prodia, its users, or the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


Prohibited Uses

We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, nor may you assist any other person to:


  • Violate these Terms or other policies applicable to the Services;

  • Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person;

  • Violate the privacy, publicity, or other rights of any third party;

  • Further or promote criminal activity or enterprise or provide instructional information about illegal activities;

  • Generate any Content, engage in any Content Sharing or otherwise use the Services in any manner that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);

  • Generate any Content, engage in any Content Sharing or otherwise use the Services in any manner that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;

  • Generate any Content, engage in any Content Sharing or otherwise use the Services in any manner that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;

  • Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;

  • Generate any Content, engage in any Content Sharing or otherwise use the Services in any manner that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;

  • Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;

  • Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;

  • Interfere with or disrupt the Services or servers or networks connected to the Services;

  • Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Prodia to you through the Services;

  • Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or

  • Attempt to do any of the above.

  • The Services may block or blur certain Content if we find (in our sole judgment) such Content too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.


    Access and Use of the Service

    Your Registration Obligations: You may be required to register with Prodia or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.


    Member Account and Security: You are responsible for maintaining the confidentiality of your account details, if any, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify Prodia of any unauthorized use of your account or any other breach of security. Prodia will not be liable for any loss or damage arising from your failure to comply with this paragraph.


    Modifications to Services: Prodia reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Prodia will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.


    General Practices Regarding Use and Storage: You acknowledge that Prodia may establish general practices and limits concerning use of the Services, including the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Prodia’s or its third-party service providers’ servers on your behalf. You agree that Prodia has no responsibility or liability for the deletion or failure to store any data or other content generated, maintained or uploaded by the Services. You acknowledge that Prodia reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Prodia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    Content Moderation: Certain features of the Services rely on automated content moderation mechanisms intended to prevent the creation, alteration, or distribution of illegal, prohibited, or restricted Content. In sandbox environments or when otherwise using the Services through a free trial, such content moderation mechanisms are mandatory and cannot be disabled by a user. In subscription-based environments, users may be permitted to adjust or disable certain content moderation controls. Disabling or modifying moderation controls does not constitute approval, endorsement, or authorization by Prodia of any resulting content or use. Users who elect to disable content moderation features do so at their own risk and remain solely responsible for ensuring compliance with all applicable laws, regulations, third-party rights, and these Terms. Prodia expressly disclaims all liability arising from content generated, modified, or distributed when content moderation controls are disabled or altered by the user, to the fullest extent permitted by law.


    API Access and Use; Restrictions: As a part of the Services, Prodia may make available to you an application program interface and related materials (collectively, the “API”). Subject to your compliance with these Terms, Prodia hereby grants you a non-exclusive, non-sublicensable, non-transferable license to download and use the API solely to receive the data made available by Prodia through the API (“Data”). Prodia will use commercially reasonable efforts to provide the API and Data as contemplated hereunder. If you identify any errors with respect to the access and use of the API and Data, you must immediately notify Prodia. In addition to all other use restrictions set forth herein, you may not, nor may you assist any other person to: (a) install, download, distribute or otherwise use the API or the Data for any purpose other than as expressly set forth in this Section; (b) use the API or the Data for any illegal purposes; (c) repackage the Data in any exported or application programming interface form (including without limitation CSV, XML or JSON); (d) use the API or the Data in any manner that competes with Prodia; (e) use the API or the Data in any manner that violates the rights of any person, including but not limited to intellectual property rights, rights of privacy or rights of publicity; (f) copy, rent, lease, sell, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the API or Data; or (g) distribute or otherwise disclose the Data to any third parties on a standalone basis. Prodia reserves the right to limit the number and/or frequency of API requests in its sole discretion.


    Ownership of Content; Prodia Use of Content

    Services Content: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Prodia, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Services Content, in whole or in part, except that the foregoing does not apply to your own Content that you upload to or make available through the Services in accordance with these Terms. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.


    Trademarks: The Prodia name and logos are trademarks and service marks of Prodia (collectively the “Prodia Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Prodia. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Prodia Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Prodia Trademarks will inure to our exclusive benefit.


    Third-Party Material: Under no circumstances will Prodia be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Prodia does not pre-screen content, but that Prodia and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting


    the foregoing, Prodia and its designees will have the right to remove any content that violates these Terms or is deemed by Prodia, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.


    Your Content:
    You represent and warrant that you own all right, title and interest in and to your Content, including all copyrights and rights of publicity contained therein. You hereby grant Prodia and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Content in connection with the operation of the Services and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your Content and the transmission of your Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your Content.


    Your Generated Content:
    Any Content that you generate via the Services is subject to the terms, conditions, and use restrictions in the Creative ML OpenRAIL-M license (available at (https://huggingface.co/spaces/CompVis/stable-diffusion-license). You must read this license thoroughly before generating Content on the Services.


    Usage Data: You hereby authorize Prodia and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.


    Submissions: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services (“Submissions”), provided by you to Prodia are non-confidential and Prodia will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.


    Copyright Complaints

    Prodia respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Prodia of your infringement claim in accordance with the procedure set forth below.


    Prodia will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Prodia’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:


    If by mail:
    1155 Mount Vernon HWY NE,
    Suite 800 Atlanta,
    GA 30338

    If by fax:
    1 (470) 994-0478


    To be effective, the notification must be in writing and contain the following information:


  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

  • Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:


  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  • If a counter-notice is received by the Copyright Agent, Prodia will send a copy of the counter-notice to the original complaining party informing them that Prodia may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Prodia or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.


    Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Prodia has adopted a policy of terminating, in appropriate circumstances and at Prodia’s sole discretion, the accounts of users who are deemed to be repeat infringers. Prodia may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


    Mobile Services and Software

    Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and our website from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Prodia and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify Prodia to ensure that your messages are not sent to the person that acquires your old number.


    Mobile App License: Subject to these Terms, Prodia hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.


    Ownership; Restrictions: The technology and software underlying the Services or distributed in connection therewith are the property of Prodia, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Prodia.


    Special Notice for International Use; Export Controls: Prodia is headquartered in the United States. If you access or use the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.


    Third-Party Distribution Channels: Prodia offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.


    Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:


  • Prodia and you acknowledge that these Terms are concluded between Prodia and you only, and not with Apple Inc. (“Apple”), and that as between Prodia and Apple, Prodia, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Prodia’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • Prodia and you acknowledge that Prodia, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Prodia and Apple, Prodia, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Prodia as follows:
    [email protected]
    (470) 737-0633
    1155 Mount Vernon HWY NE, Suite 800
    Atlanta, GA 30338

  • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

  • Prodia and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

  • Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Prodia only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Prodia, and not Google, is solely responsible for Prodia’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Prodia’s Google-Sourced Software.


    Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms. If required by any license for particular open source software, Prodia makes such open source software, and Prodia’s modifications to that open source software (if any), available by written request to [email protected]. Copyrights to the open source software are held by the respective copyright holders indicated therein.


    Third-Party Services and Websites

    The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Services via various online Third-Party Services, such as social media and social networking services like Facebook or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Prodia has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Prodia, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Prodia enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Prodia will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.


    Indemnification

    To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Prodia, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Prodia Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any of your Content, your connection to the Services, your violation of these Terms, or your violation of any rights of another. Prodia will provide notice to you of any such claim, suit, or proceeding. Prodia reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Prodia’s defense of such matter. You may not settle or compromise any claim against the Prodia Parties without Prodia’s written consent.


    Disclaimer

    YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES OR CONTENT, AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRODIA MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.


    We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms” link on our website. We will also notify you of any material changes, either through the Services user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Services.


    Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODIA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PRODIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE PRODIA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PRODIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).


    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.


    IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.


    U.S. Government Restricted Rights

    The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including any third party software).


    Refund Policy

    This Refund Policy outlines the circumstances where Prodia Labs may provide refunds for its Services.


    Eligibility for Refunds:

    • Service Interruptions: If the website experiences significant and long periods of disruption (e.g., extended downtime, major service outages) that impact the ability of the user to generate images or videos, Prodia Labs may, in its sole discretion, offer a prorated refund for the affected period.
    • Account Errors: If Prodia Labs incorrectly charges your account or if there is an error in billing, Prodia Labs will promptly issue a credit or refund to your account.
    • Fraudulent Activity: If your account is compromised due to fraudulent activity, Prodia Labs will investigate the matter and may issue a refund for any unauthorized charges.

    Non-Refundable Services:

    • Refunds will not be provided under any of the following circumstances:
      • Issues arising from user error or misuse of the services.
      • Quality not at par with the customer’s expectations.
      • Any free trials or promotional offers.

    How to Request a Refund:

    To request a refund, please contact Prodia Labs customer support at [email protected] including the following information:

    • Your name and email address associated with the account.
    • A detailed description of the reason for the refund request.
    • Any relevant documentation or screenshots.

    Prodia Labs will review your refund request; the decision regarding whether to issue a refund is at the sole discretion of Prodia Labs.


    Disclaimer:

    • This Refund Policy does not limit any statutory rights you may have under applicable law.
    • This Refund Policy is in addition to, and does not supersede, any other terms and conditions set forth in the Prodia Labs Terms of Service.

    For further assistance, please contact us at [email protected].


    Questions? Concerns? Suggestions?

    Please contact us at [email protected] or mail to 1155 Mount Vernon HWY NE, Suite 800 Atlanta, GA 30338 to report any violations of these Terms or to pose any questions regarding these Terms or the Services.