These Terms of Service ("Terms") govern your access to and use of the Happique applications, website, and services (collectively, the "Services") provided by Happique ("we", "us", or "our"). Please read these Terms carefully before using the Services.
1. Acceptance of Terms
By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.
You must be at least 13 years old (or the applicable age of consent in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this age requirement.
2. Account Registration
To access most features of the Services, you must create an account using a supported OAuth provider (currently Discord). You are responsible for:
- Maintaining the security of your account credentials with your OAuth provider
- All activity that occurs under your account
- Notifying us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
3. Service Description
Happique provides AI-powered visual creation tools, including but not limited to:
- Logo Lab: AI-generated logos and brand visuals
- E-commerce Master: Product photography and e-commerce visuals
- Creative Doodle: Style transfer and artistic image generation
- Smart Greeting Card: Custom greeting cards with AI-generated imagery
- Upscaler: Image super-resolution up to 8×, with a maximum output resolution of 4K
- AI Video: AI-powered video generation
The specific features, models, and capabilities available may vary by subscription plan and are subject to change. We continuously improve and update the Services.
4. Subscriptions & Credits
Plans
The Services offer both subscription plans (with recurring quota resets) and one-time credit packs. Details of available plans, pricing, and included quotas are displayed on our Pricing page.
Quota & Credit System
- Each plan includes quotas for different generation types (logo, e-commerce, creative, greeting card, upscale, inpaint, video)
- Subscription quotas reset according to the plan's billing cycle (daily, weekly, or monthly)
- One-time credit packs do not expire and are consumed on a per-generation basis
- When you hold multiple plans simultaneously, quotas are consumed in priority order as defined by your active plans
- All quota deductions are logged and visible in your account for full transparency
Billing
- Subscription fees are billed in advance on a recurring basis according to your chosen plan
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period
- Refunds are handled on a case-by-case basis. Contact us for refund requests
- We reserve the right to change pricing with reasonable advance notice. Price changes will not affect your current billing period
5. User Content & Intellectual Property
Your Content
You retain ownership of the content you provide to the Services, including text prompts, uploaded images, and other input materials ("Input Content").
Generated Content
Subject to these Terms and applicable law, you own the AI-generated outputs created through your use of the Services ("Generated Content"). You are free to use Generated Content for personal and commercial purposes, subject to the following conditions:
- You are solely responsible for how you use Generated Content
- Generated Content may not be used in ways that violate applicable law or these Terms
- We do not guarantee that Generated Content is unique or that it will not resemble content created by others using similar prompts
Our Intellectual Property
The Services, including our software, design, branding, and documentation, are owned by Happique and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written permission.
License to Us
By using the Services, you grant us a limited, non-exclusive license to process your Input Content solely for the purpose of providing the Services to you (e.g., sending prompts to AI models, storing generated outputs in your account). We do not use your Input Content or Generated Content for AI model training.
6. Acceptable Use Policy
You agree not to use the Services to:
- Generate content that depicts minors in harmful or inappropriate contexts
- Create content intended to harass, threaten, or defame others
- Generate content that infringes on the intellectual property rights of others
- Produce deceptive deepfakes or content intended to mislead others about its AI-generated nature when used in contexts where such disclosure is required
- Create content that promotes violence, hate speech, or discrimination
- Circumvent usage limits, quotas, or access controls
- Reverse engineer, decompile, or attempt to extract the source code of the Services
- Use automated scripts, bots, or scrapers to access the Services without authorization
- Resell or redistribute the Services without our permission
We reserve the right to review content and take action (including content removal, account suspension, or termination) against users who violate this policy.
7. AI-Generated Content Disclaimer
The Services use third-party AI models to generate content. You acknowledge and agree that:
- AI-generated content may contain inaccuracies, artifacts, or unexpected results
- We do not guarantee the quality, accuracy, or suitability of Generated Content for any particular purpose
- AI models may occasionally produce content that is similar to existing copyrighted works. You are responsible for ensuring your use of Generated Content does not infringe on third-party rights
- Text rendering in generated images may contain errors or imperfections depending on the model and parameters used
- The availability and performance of AI models may vary and is subject to third-party provider terms
8. Service Availability
We strive to provide reliable, continuous access to the Services. However:
- The Services are provided "as is" and "as available" without warranties of any kind
- We do not guarantee uninterrupted or error-free operation
- We may perform scheduled maintenance with advance notice where possible
- Third-party AI model availability is outside our direct control and may be subject to downtime or rate limiting
- You may check current service status at our Status page
9. Limitation of Liability
To the maximum extent permitted by applicable law, Happique and its officers, employees, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, business opportunities, or goodwill
- Any damages arising from your use of or inability to use the Services
- Any damages arising from AI-generated content, including content that is inaccurate, offensive, or that infringes on third-party rights
Our total aggregate liability for all claims related to the Services shall not exceed the amount you have paid us in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Happique from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
11. Termination
- You may terminate your account at any time by contacting us or using the account deletion feature in your settings
- We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for other reasons at our reasonable discretion
- Upon termination, your right to access the Services ceases immediately. We will retain your data in accordance with our Privacy Policy data retention provisions
- Unused credits or remaining subscription time are not refundable upon termination for cause (violation of Terms)
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Happique operates, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through good-faith negotiation first, and if unresolved, through binding arbitration or the courts of competent jurisdiction.
13. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Last updated" date at the top of this page
- Notify you through the Services or via email at least 14 days before the changes take effect
- Provide a summary of key changes
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.
14. Contact Us
If you have any questions about these Terms, please contact us:
- Email: [email protected]
- General inquiries: [email protected]
- Contact form: happique.sweets.chat/contact