Terms of Service

Version 1.0 — Last Updated: April 23, 2025

Welcome to FlyAgt! These Terms of Service ("Terms") govern your access to and use of the FlyAgt website, applications, and services, including the AI agent-driven image and video generation features (collectively, the "Service"), operated by FlyAgt ("FlyAgt," "we," "us," or "our").

1. Definitions

"User", "you", or "your" refers to anyone who accesses or uses the FlyAgt service.

"Service" refers to the FlyAgt website, applications, AI agents, and related services.

"Input(s)" means the text descriptions, prompts, or other data provided by the User to the Service.

"Output(s)" means the images, videos, or other content generated by the Service based on User Inputs.

"Content" refers collectively to Inputs and Outputs.

2. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

For details on how we collect, use, and protect your data, please review our Privacy Policy (incorporated herein by reference).

3. Description of Service

FlyAgt provides a platform that utilizes artificial intelligence agents ("Agents") to facilitate the generation of Outputs based on User Inputs. The Service acts as an interface and toolset, leveraging various underlying third-party AI models and technologies to produce the Outputs.

4. User Accounts

While registration may not be required for basic access, certain features, including personalized agents and extended history, require account creation. If you create an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding your account password and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. User Conduct and Content Responsibility

5.1 User Responsibilities

You are solely responsible for your Inputs and how you use the Outputs generated through the Service. You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations.

5.2 Legal Compliance

You represent and warrant that your use of the Service and the Content will not violate any applicable laws or regulations. FlyAgt provides the generation service only and makes no representation or warranty regarding the legality, appropriateness, or safety of the Outputs generated. You assume all risks associated with the use of Outputs, including compliance with copyright, trademark, privacy, publicity, and other laws. FlyAgt expressly disclaims any liability arising from your use of the Service or the Outputs in violation of applicable laws or third-party rights.

5.3 Prohibited Conduct

You agree not to use the Service to create, upload, transmit, distribute, or store any content that:

  • Is unlawful, harmful, defamatory, obscene, infringing, harassing, hateful, or otherwise objectionable;
  • Violates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
  • Promotes illegal activities, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Attempts to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service or the Agents;
  • Imposes an unreasonable burden on our infrastructure or interferes with the proper working of the Service.

5.4 Prohibited NSFW Content

You may not use the Service to create, upload, share, or distribute any content that contains or promotes sexually explicit material, pornography, nudity, graphic violence, or any other NSFW (Not Safe For Work) content, whether real or simulated. This includes, but is not limited to, erotic imagery, adult entertainment, fetish material, or depictions intended to arouse sexual excitement or depict extreme or violent behavior. FlyAgt reserves the right to determine, in its sole discretion, what constitutes NSFW content and may remove such content or suspend access without prior notice.

We reserve the right, but are not obligated, to investigate, monitor, refuse service, remove content, or suspend or terminate accounts that violate these Terms or are otherwise deemed objectionable, in our sole discretion.

6. Intellectual Property Rights

6.1 Your Inputs

You retain any ownership rights you have in the Inputs you provide to the Service.

6.2 Generated Outputs

FlyAgt does not claim ownership rights in the Outputs generated for you through the Service.

6.3 IMPORTANT - Third-Party Model Licenses and Commercial Use

The ability to use the Outputs, including for commercial purposes, is subject entirely to the terms and licenses of the underlying third-party AI models used to generate those specific Outputs. Different models accessed through our Service may have different usage rights and restrictions. FlyAgt itself grants NO license (express or implied) to the Outputs. It is your sole responsibility to verify the applicable third-party licenses and ensure your intended use of any Output complies with those terms before using it, especially for commercial purposes. FlyAgt makes no warranty or representation regarding the usability, non-infringement, or fitness for any particular purpose (including commercial use) of the Outputs.

6.4 FlyAgt Service IP

The Service itself, including the website, Agents (as our proprietary software coordination layer), logos, visual design, features, and underlying software (excluding third-party models), are and will remain the exclusive property of FlyAgt and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FlyAgt.

6.5 Attribution

Some third-party models or datasets used by the Service may require attribution if their outputs are used in certain ways. You are responsible for identifying and complying with any such attribution requirements associated with the specific Outputs you generate and use. FlyAgt does not track or enforce these third-party requirements on your behalf.

7. Fees and Payment

Certain aspects of the Service may be subject to fees as outlined on our Pricing page. By selecting a paid plan or purchasing credits, you agree to pay FlyAgt the applicable fees. All fees are non-refundable except as required by law or as explicitly stated otherwise.

8. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLYAGT, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FLYAGT DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE OUTPUTS GENERATED WILL BE ACCURATE, COMPLETE, RELIABLE, LEGAL, APPROPRIATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICE AND ANY OUTPUTS GENERATED THROUGH THE SERVICE AT YOUR OWN RISK AND DISCRETION. FLYAGT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR THE CONTENT THEY GENERATE OR USE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLYAGT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING THE OUTPUTS GENERATED BASED ON UNDERLYING THIRD-PARTY MODELS; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLYAGT FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO FLYAGT FOR THE USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless FlyAgt and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) your User Content or your use of the Outputs, including but not limited to claims of infringement of intellectual property rights or violation of applicable laws.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration in a mutually agreed upon location within the United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will be conducted by a single arbitrator appointed in accordance with the AAA Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, FlyAgt may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, which may include posting a notice on the Service or updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]