Terms of Service

These Terms of Service (“Terms”) govern your access to and use of GeniusAI, including the website at geniusai.pro, its AI generation tools, editors, features, credits and related services (collectively, the “Services”).

The Services are operated by Dunatransit Ltd., company registration number 01-09-386254, with its registered address at Pannonhalmi utca 31, 1118 Budapest, Hungary (“GeniusAI,” “we,” “us” or “our”).

By creating an account, purchasing credits or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.

A person under 18 may use the Services only with the consent and involvement of a parent or legal guardian, where permitted by law. The parent or guardian is responsible for the minor’s use of the Services.

You may not use the Services if applicable law prohibits you from receiving them.

You must provide accurate, complete and current information when creating an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activity conducted through your account;
• Ensuring that anyone using your account complies with these Terms; and
• Informing us promptly if you suspect unauthorized access or a security breach.

You may not sell, transfer, rent or share your account without our written permission. We may require identity or payment verification where reasonably necessary to prevent fraud, comply with law or protect the Services.

GeniusAI provides tools that use artificial intelligence to generate, modify, enhance or upscale images and other content from prompts, files, instructions and settings supplied by users.

Features, models, generation speeds, supported formats and credit costs may change as the Services develop. We may add, modify or discontinue features where reasonably necessary for security, legal compliance, technical development or commercial operation.

We do not guarantee that any particular model, feature or output style will remain available permanently.

4.1 One-time purchases

Unless the checkout page expressly states otherwise, GeniusAI packages are purchased through a one-time payment and do not automatically renew.

Purchasing a package grants you the number of credits and features displayed at checkout. A purchase does not grant ownership of any part of the Services or underlying AI models.

4.2 Credits

Credits are units used to access eligible features of the Services. The number of credits required may vary depending on the model, resolution, generation settings or processing requirements selected.

Credits:

• Have no cash value;
• Cannot be redeemed for money;
• May not be resold or transferred without our permission;
• Are not electronic money or a stored-value payment instrument; and
• May expire only if an expiration period is clearly disclosed before purchase.

A failed generation will not normally consume credits. If credits are deducted for a technically incomplete generation, you may contact support for review.

4.3 Prices and taxes

Prices are displayed in the currency shown at checkout. Unless expressly stated otherwise, displayed prices exclude applicable taxes.

You are responsible for VAT, sales tax and other taxes or government charges applicable to your purchase, except taxes imposed on our income. Applicable taxes may be calculated and added during checkout.

4.4 Payment processing

Payments may be processed by third-party payment providers. Your use of their services may be governed by their separate terms and privacy notices.

You confirm that you are authorized to use the selected payment method. We may suspend delivery of credits where a payment is declined, reversed, disputed or reasonably suspected to be fraudulent.

4.5 Pricing errors

If a package is listed at an obviously incorrect price because of a technical or administrative error, we may cancel the transaction and refund the amount paid.

Nothing in these Terms limits rights that consumers cannot waive under applicable law.

If you are an EU or EEA consumer, you may have a statutory right to withdraw from a distance contract within 14 days. However, where you expressly request immediate access to digital content or digital services and acknowledge that performance may cause you to lose your withdrawal right, that right may cease once supply begins, to the extent permitted by law.

Before credits are delivered or used, we may ask you to:

1. Request immediate performance of the contract; and
2. Acknowledge the effect this has on your statutory withdrawal right.

Additional voluntary refund eligibility is governed by our Refund Policy. If the Refund Policy conflicts with mandatory consumer law, mandatory law prevails.

Approved refunds are normally returned to the original payment method. Processing times imposed by banks and payment providers are outside our control.

“Inputs” include prompts, text, images, photographs, files, reference material and other content you submit to the Services.

You retain any rights you hold in your Inputs. You represent and warrant that:

• You own the Inputs or possess all permissions required to use them;
• Our processing of the Inputs will not infringe intellectual-property, privacy, publicity or other rights;
• You have obtained any required consent from identifiable individuals appearing in the Inputs; and
• Your Inputs and requested Outputs comply with these Terms and applicable law.

You remain responsible for your Inputs and for determining whether they are appropriate to submit to an AI service.

“Outputs” are images or other content generated or modified by the Services in response to your Inputs.

As between you and GeniusAI, and to the extent permitted by applicable law, you may use Outputs generated through a paid package for personal or commercial purposes. If any transferable rights in such Outputs initially belong to us, we assign those rights to you upon full payment, subject to these Terms.

This does not mean that an Output is necessarily protected by copyright or other intellectual-property law. Laws concerning AI-generated content vary between jurisdictions.

You acknowledge that:

• Outputs may not be unique;
• Other users may receive identical or similar Outputs;
• We do not guarantee that an Output is eligible for copyright, trademark or other protection;
• We do not guarantee that an Output will not resemble existing material; and
• You are responsible for reviewing an Output before publishing, selling or otherwise using it.

GeniusAI does not provide intellectual-property clearance. You should obtain professional advice before using Outputs for trademarks, branding, high-value advertising or other commercially sensitive purposes.

You grant GeniusAI and its service providers a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit and modify your Inputs and Outputs only as reasonably necessary to:

• Provide the Services;
• Complete requested generations and edits;
• Prevent fraud, abuse and security threats;
• Enforce these Terms;
• Meet legal obligations; and
• Maintain and improve service reliability.

Private Inputs and Outputs will not be used to train AI models without your express consent.

If you deliberately publish content in a public GeniusAI gallery, you grant us a worldwide, non-exclusive, royalty-free license to display, reproduce and promote that content in connection with GeniusAI.

You may not use the Services to create, upload, request, distribute or facilitate content or activity that:

• Violates applicable law or another person’s rights;
• Infringes copyright, trademark, privacy, publicity or other proprietary rights;
• Sexually exploits or endangers a child;
• Depicts or promotes non-consensual intimate content;
• Creates deceptive sexual or intimate imagery of an identifiable person;
• Harasses, threatens, stalks, defames or unlawfully discriminates against another person;
• Promotes terrorism, violent extremism or credible threats of violence;
• Promotes hatred or violence against protected individuals or groups;
• Facilitates fraud, phishing, identity theft, impersonation or financial deception;
• Falsely presents AI-generated content as authentic in a materially deceptive manner;
• Interferes with elections or civic processes through unlawful deception or impersonation;
• Provides instructions intended to facilitate serious wrongdoing;
• Violates sanctions, export controls or trade restrictions;
• Contains malware or attempts to compromise a system or account; or
• Creates a serious and foreseeable risk of harm.

You also may not:

• Circumvent safety filters, credit controls, access restrictions or rate limits;
• Reverse engineer, scrape or systematically extract the Services, models or datasets except where permitted by law;
• Use automated methods to access the Services without authorization;
• Resell or provide access to the Services as your own service without a written agreement;
• Remove AI-origin information, safety metadata or provenance markings for deceptive purposes; or
• Misrepresent that GeniusAI endorses you or your content.

We may block prompts or Outputs where reasonably necessary to protect users, third parties or the Services.

AI-generated content may be inaccurate, biased, offensive, incomplete or unsuitable for its intended purpose. You must exercise independent judgment and human review.

You are responsible for disclosing that content was generated or manipulated using AI whenever required by law. This includes applicable requirements concerning deepfakes, synthetic media, advertising, political communications and content addressing matters of public interest.

You must not remove or defeat machine-readable markings, provenance information or other transparency measures where doing so would violate law or facilitate deception.

The Services are not a substitute for legal, medical, financial or other regulated professional advice.

We may use automated systems and human review to detect suspected violations of these Terms. Where permitted by law, we may review relevant content and account activity when reasonably necessary to:

• Investigate abuse or security incidents;
• Respond to a valid legal request;
• Protect a person from serious harm;
• Resolve a support request; or
• Enforce these Terms.

We may remove content, prevent a generation, restrict features, suspend an account or report unlawful activity to competent authorities when reasonably necessary.

We respect intellectual-property rights.

A rights holder or authorized representative may report allegedly infringing content through our contact page or Copyright Infringement Policy.

A notice should identify the protected work, the allegedly infringing material, its location, the complainant’s contact information and the basis of the claim.

We may remove or restrict access to disputed material and terminate accounts belonging to repeat infringers where appropriate.

The Services, including their software, interfaces, models, workflows, designs, trademarks, logos and documentation, are owned by GeniusAI or its licensors and protected by intellectual-property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Services for their intended purpose.

No rights are granted except those expressly stated in these Terms. You may not use GeniusAI’s name, trademarks or branding without written permission.

Our collection and use of personal data are described in our Privacy Policy and Cookie Policy.

You must not submit personal data about another person unless you have a valid legal basis and all required permissions.

The Services may depend on third-party AI models, hosting providers, payment processors, analytics services or other technology.

We are not responsible for independent third-party products, websites or services. Third-party availability, policies or technical changes may affect the Services.

Links to third-party websites do not constitute an endorsement.

We work to provide reliable Services, but we do not guarantee uninterrupted, error-free or permanently available access.

The Services may be unavailable because of maintenance, security incidents, network failures, third-party outages, legal requirements or events outside our reasonable control.

Where reasonably possible, we will provide advance notice of material planned interruptions.

We may restrict or suspend your account immediately if we reasonably believe that:

• You materially violated these Terms;
• Your activity creates a security, legal or safety risk;
• Your payment is fraudulent, reversed or unauthorized;
• Suspension is required by law; or
• Immediate action is necessary to prevent serious harm.

For other remediable breaches, we may provide notice and a reasonable opportunity to correct the issue.

You may stop using the Services at any time. Account closure does not automatically create a right to a refund.

If we permanently discontinue the Services for reasons unrelated to your breach, we will provide a reasonable remedy for materially unused purchased credits, such as continued access, replacement services or a proportionate refund.

To the maximum extent permitted by applicable law, the Services and Outputs are provided “as is” and “as available.”

We do not warrant that:

• The Services will always be available, secure or error-free;
• Outputs will be accurate, unique or suitable for a particular purpose;
• Outputs will not contain material resembling third-party content;
• An Output will qualify for intellectual-property protection; or
• Use of an Output will comply with laws applicable to your circumstances.

Nothing in these Terms excludes warranties or remedies that cannot legally be excluded.

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.

For consumers, our liability remains subject to all mandatory consumer protections.

For business users, to the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special or consequential loss;
• GeniusAI is not liable for loss of profit, revenue, business opportunity, goodwill or data; and
• GeniusAI’s total aggregate liability will not exceed the amount you paid during the 12 months preceding the event giving rise to the claim.

If you use the Services for business purposes, you will indemnify GeniusAI against third-party claims, damages and reasonable legal costs arising from:

• Your Inputs;
• Your publication or commercial use of Outputs;
• Your violation of another person’s rights;
• Your unlawful use of the Services; or
• Your material breach of these Terms.

This obligation applies only to the extent the claim was caused by your conduct.

We may update these Terms to reflect changes to the Services, applicable law, security requirements or our business.

For material changes, we will provide reasonable advance notice through the Services, by email or by another appropriate method.

If you do not agree to updated Terms, you must stop using the Services. Continued use after the effective date constitutes acceptance where permitted by law.

These Terms are governed by the laws of Hungary, excluding conflict-of-law rules.

Before starting court proceedings, you and GeniusAI agree to attempt to resolve the dispute in good faith.

If you are a consumer residing in the EU or EEA, you retain the protection of mandatory laws applicable in your country of residence and may bring proceedings in any court available under applicable consumer law.

For disputes involving business users, the competent courts of Budapest, Hungary will have exclusive jurisdiction.

If a provision of these Terms is found invalid or unenforceable, the remaining provisions remain effective.

Our failure to enforce a provision is not a waiver of that provision.

You may not assign these Terms without our written consent. We may assign them as part of a merger, corporate reorganization, sale of assets or transfer of the Services, provided that consumer rights are not materially reduced.

These Terms, together with the policies incorporated into them, constitute the entire agreement concerning the Services.

Questions, legal notices and complaints may be submitted through: