Terms of Service

These Terms of Service ("Terms") govern your use of Cotekumi, including its website, apps, API and MCP server (together, the "Service"), provided by Cotekumi, Inc. ("Cotekumi", "we", "us"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. We may update these Terms. If a change is material we will tell you by email or in the Service before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

Cotekumi is an AI creation tool. You can chat with AI models and create and edit pictures, videos and sounds. The Service keeps a library of the assets in each conversation so they can be reused, and it chooses which AI model to use for each request unless you choose one yourself. The Service relies on AI models run by third-party providers. Their results can be inaccurate, unexpected or similar to results made for others. You are responsible for reviewing what the Service produces before you rely on it or publish it.

You must be at least 18 years old, and able to enter a binding contract, to use the Service. You agree to give accurate information when you sign up and to keep it up to date. Keep your sign-in details and API keys secure; you are responsible for everything done through your account or your keys. Tell us at support@cotekumi.ai if you believe your account has been used without your permission. One person, one account. Accounts may not be shared, sold or transferred.

Most work in the Service is paid for with credits. The number of credits a request will use is shown before it starts. • Credits come with a subscription plan, as one-time packs, or as a trial. • Subscription credits are granted for each monthly period and expire at its end. Credits from one-time packs do not expire while your account is open. Trial credits may be limited to certain features and may expire. • If a generation fails, the credits reserved for it are returned automatically. • Credits have no cash value, cannot be transferred and are not refundable except as our Refund Policy describes. Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time in your account; the plan stays active until the end of the period you have paid for. An upgrade takes effect immediately and is charged for the rest of the current period; a downgrade takes effect at the next renewal. Payments are processed by Stripe. Prices are shown in US dollars in the Service. Sales tax may be added depending on where you are. We may change prices; changes to a subscription price apply from your next renewal after we tell you.

You agree not to: • break any law, or help anyone else do so; • access the Service by automated means other than our published API and MCP server used with your own API key, or scrape, overload or disrupt it; • get around usage limits, security measures or content safeguards; • copy, resell or reverse engineer the Service, except as the law allows; • use the Service to harass, threaten, defame or impersonate anyone; • send spam or unsolicited advertising; • collect other people's personal data without their permission.

You may not use the Service to create, upload or share: • any sexual or sexualized content involving minors, or content that sexualizes anyone who appears to be a minor; • sexually explicit content; • intimate or sexual images of a real person, or images or video meant to deceive people about what a real person said or did; • content that promotes violence, terrorism, self-harm or hatred against people based on a protected characteristic; • content that infringes someone else's intellectual property, privacy or publicity rights; • instructions or content for making weapons, malware or other seriously harmful things; • fraudulent, deceptive or misleading content presented as true. We use automated checks and may refuse, stop or remove any request or content, and suspend accounts, to enforce these rules. We report child sexual abuse material to the appropriate authorities.

"Input" means what you give the Service: prompts, messages and files you upload. "Output" means what the Service produces for you. Together they are "Your Content". You keep all rights you have in your Input. You confirm that you have the rights and permissions needed for the Input you provide, including the consent of any person who appears in a photo you upload. Ownership of Output. As between you and us, and to the extent the law allows, Output made while you have a paid plan or with purchased credits belongs to you, and you may use it for any lawful purpose, including commercially. Output made only with trial credits may be used for personal, non-commercial purposes. AI output may not be protected by copyright in every country, and similar output may be produced for other users. We do not promise that any Output is unique or protectable. To run the Service you give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process and display Your Content only as needed to provide, secure and improve the Service for you, including sending it to our AI providers to produce results. We do not use Your Content to train AI models, and we do not sell it.

If you send us ideas or suggestions about the Service, we may use them without any obligation to you.

The Service itself, including its software, design and the Cotekumi and Cotekumi names and logos, belongs to us or our licensors. These Terms do not give you any right to use our names or logos.

The Service uses and may link to services run by others, such as AI model providers, payment processing and sign-in providers. We are not responsible for their services, and your use of them may also be subject to their own terms.

You can stop using the Service at any time, and delete your account yourself in your account settings or by contacting support@cotekumi.ai. We may suspend or close your account if you break these Terms, if we are required to by law, or if your use puts the Service or others at risk. Where it is reasonable to do so we will tell you why. If we close your account without cause, we will refund unused purchased credits in line with our Refund Policy.

We may change, add or remove features, AI models and providers at any time. We try to keep the Service available but do not guarantee that it will be uninterrupted or error-free.

The Service and all Output are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and USD 100. Some states do not allow these limits, so they may not fully apply to you. Nothing in these Terms limits liability that cannot be limited by law.

You agree to defend and compensate us for claims, losses and costs arising from Your Content or from your breach of these Terms, to the extent the law allows.

These Terms are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs the arbitration agreement below.

Please read this section carefully. It affects how disputes are resolved. Informal resolution. Before bringing a claim, you and we agree to try to resolve it informally for at least 30 days after one side sends written notice describing it. Send notices to support@cotekumi.ai. Binding individual arbitration. If a dispute is not resolved informally, you and we agree to resolve it by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be held by video, by phone, on written submissions, or in the county where you live. We will pay the filing and arbitrator fees that the rules assign to a business. Class action waiver. Claims may be brought only in your or our individual capacity, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect intellectual property. Opting out. You may opt out of this arbitration agreement by emailing support@cotekumi.ai within 30 days after you first accept these Terms, with your name, the email on your account and a clear statement that you opt out. Opting out does not affect any other part of these Terms. Courts. Any claim not subject to arbitration will be brought in the state or federal courts located in Delaware, and you and we consent to their jurisdiction.

These Terms, with the policies they refer to, are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest still applies. Not enforcing a term is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours as part of a reorganization or sale of the business. If a translation differs from the English text, the English text governs.

Questions about these Terms: support@cotekumi.ai.