Terms of Service

1. Who we are

The Services are published by Jean Gayrard, entrepreneur individuel (EI), trading as Onyx-ai, SIRET 100 456 508 00025, 173 rue de Courcelles, 75017 Paris, France (“Onyx.AI”, “we”, “us”). Publication director: Jean Gayrard.

Contact: contact@onyx-ai.eu. This address is also our single point of contact for members, rights holders and public authorities, in English or French.

Hosting: the website is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France (SAS with a capital of 50,000,000 €, RCS Lille Métropole 424 761 419, VAT FR22424761419), on servers located in Canada. Files are stored with Cloudflare, Inc. (R2 storage).

2. The Services

Onyx.AI is a members-only toolkit for content creators. It currently includes tools to research Instagram niches and trending Reels (IG Niche Finder, Content Finder), to generate and edit images and videos with third-party AI models (Image & Video Generation, Mass Motion Control, Video Recreate, Face Swap, Carousel Maker, Remaker), to process media files (Captions, voice change, upscaling, Spoofer and Detector, dataset captioning), to automate a content workflow (Automatic Pipeline), to run AI workflows on your own GPU provider account (Serverless GPU) and to share motion reference videos with other members (Community References, section 11). Some tools can also be used through our public API.

We may add, change, suspend or remove any tool or feature at any time, including to follow changes made by the AI providers or platforms the tools rely on. When we remove a paid module for good, we stop billing it and, where the law requires it, refund the part of the period already paid that you can no longer use.

3. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Services. If you use the Services on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and “you” then includes that organisation.

4. License keys, accounts and API tokens

Access to the Services is granted through a personal license key. Your license key is for your own use only: you may not share, sell, rent or publish it, or let anyone else sign in with it. To protect members, we record the devices and networks each key signs in from and may limit, suspend or revoke a key that is used on several devices or from several places at the same time beyond normal personal use.

If you create API tokens, the same rules apply: a token gives access to your account, must be kept secret, and may be revoked by you at any time in Settings, or by us if it is misused or leaks. API calls are subject to the rate limits and job limits we publish, which we may change.

You are responsible for keeping your key and tokens confidential and for all activity carried out with them. Tell us promptly if you believe a key or token has been compromised. We are not responsible for losses caused by someone else using your key or token because it was not kept secure.

5. Modules, trials and payments

The online Platform is sold as modules: each tool has its own monthly price and you choose the modules you subscribe to. A volume discount applies automatically (currently 10% from 4 modules, 20% from 7 and 30% from 10). Prices, discounts and offers are those displayed when you subscribe or buy; if anything on another page differs, the amount shown at checkout prevails. A module added during a billing period is available at once and the remaining part of the period is billed immediately, pro rata. A module removed stays available until the end of the period already paid and is no longer billed after it; no refund is made for the current period.

Some modules include a usage allowance (for example the monthly volume of IG Niche Finder searches, or the number of Spoofer videos). Allowances apply per calendar month, are not carried over, have no cash value and may be adjusted when you change the module’s level. Where a tool lets you add your own provider key once your allowance is used up, that use is billed by the provider to you.

Each new pack license includes free access to every Platform module, starting from its first sign-in: 15 days with the Beginner pack, 1 month with the Starter pack and 2 months with the Premium pack. Premium pack owners also get 25% off their Platform modules for as long as they stay subscribed; this discount does not add up with a launch offer. The Platform subscription is optional: the digital content of a pack (the course, the resources, the ComfyUI workflows and the custom nodes) remains available to the pack owner without it.

Subscriptions are billed in advance and renew automatically at the end of each billing period until you cancel. Payments are processed by our payment provider, Stripe; we never see or store your full card details. If a payment fails, the provider may retry it; access may continue for a short grace period and is then suspended until payment succeeds.

We may change our prices. For existing subscribers, a new price applies only from the next billing period after we have given you at least 15 days’ notice by e-mail or in the app, and you may cancel before it takes effect.

The subscription covers access to the Onyx.AI tools only. It does not include the cost of any third-party service you use through them (see section 8).

6. Cancellation, withdrawal and refunds

You can cancel your subscription or remove a module at any time from “My modules” or the billing portal. Cancellation stops future renewals; you keep access until the end of the period already paid. Because every license starts with a free trial that lets you evaluate the Services before paying, payments are non-refundable, including for partially used periods, except where a refund is required by law.

If you are a consumer in the European Union, you have a right to withdraw from a digital-service contract within 14 days. By starting a paid subscription and accessing the Services immediately, you expressly request that performance begins during the withdrawal period; if you withdraw, you may be charged for the service provided up to that point, as the law allows.

Packs (one-time purchases). A pack is digital content supplied immediately after payment: your license key, the Onyx.AI course, the workflows and resources, and access to the custom nodes. Before paying, you tick a box by which you expressly request immediate access to this content and acknowledge that you thereby lose your 14-day right of withdrawal (Article L221-28, 13° of the French Consumer Code; Article 16(m) of Directive 2011/83/EU). This agreement is confirmed in the e-mail that delivers your key. Pack purchases are therefore final and non-refundable, except where a refund is required by law (for example if the content is defective or not supplied).

A refund or a payment dispute (chargeback) cancels the access, discounts and referral credits linked to the payment concerned.

7. Referral program

Members with an active key can share a personal referral link. A friend who buys through it gets the discount shown on the referral page on their first pack or first Platform month, and you receive the credit shown there (currently one free Platform month per pack bought, up to 12 months a year). Credits are never paid in cash, can only be used for your own Platform modules, and are cancelled if the purchase is refunded or disputed. Purchases made with your own link, with several accounts of the same person, or through spam or misleading advertising do not count. We may change or end the program at any time; credits already earned are kept.

8. Your third-party keys and connected accounts

Many tools run on AI and data providers (for example Google, Kie.ai, WaveSpeed, AtlasCloud, Higgsfield, xAI, ElevenLabs, RunPod, HikerAPI or Apify) using keys or accounts that you supply yourself:

• Most keys are stored in your own browser and the requests are sent from your browser to the provider.
• Some keys and connections must be kept on our server because the provider requires it or because you ask the server to work for you: for example your Higgsfield key, your Higgsfield account connection, the keys you save for Automatic Pipeline server runs, and your Google Drive, Telegram or Discord connections. They are stored encrypted or with restricted access, used only to run what you ask, never shown back in full, and deleted when you remove or disconnect them.
• Every usage cost, credit or fee charged by a provider is billed to you by that provider, under your own agreement with it, including charges caused by failed, repeated or cancelled generations. You are responsible for setting any spending limit you want on the provider’s side.
• You must comply with each provider’s terms and content rules. A provider may refuse, filter or block a request, or suspend your account with it, independently of us.

9. Your content and inputs

Everything you upload, import or submit to the Services (images, videos, audio, prompts, account lists, settings and so on) is your “Input”. You keep whatever rights you have in it. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and modify your Inputs as needed to operate the Services for you, and, for media imported from public Instagram posts, to make them available in Community References as described in section 11.

You confirm that you have every right, license and consent needed to use your Inputs in this way, including the consent of any identifiable person who appears in media you upload from your own device, and that your Inputs are lawful.

10. Media from third-party platforms

Some tools read publicly available information from third-party platforms such as Instagram, and download public media for you to review or to use as a reference. Downloaded media remains the property of its owners. You are responsible for how you use it and for complying with those platforms’ terms and with applicable law, including copyright, image rights and data-protection law. Unless you have the owner’s permission or another legal basis, use such media only as a reference for your own creations, not for republishing the original as it is.

Tools that change file metadata or the technical fingerprint of a file (such as the Spoofer) are provided to protect your own content and your privacy. You must not use them to pass off someone else’s content as your own, to evade a legal obligation (including AI-labelling rules), or to get around a ban or a sanction imposed on you by a platform. We are not responsible for any restriction, suspension or other measure a platform takes against your accounts.

These platforms are not affiliated with Onyx.AI and may change or restrict access at any time, which can affect or break the related tools.

11. Community References

Community References lets members find and reuse motion reference videos already imported by other members, without downloading them again, and send them to Motion Control, Onyx Genjutsu or Recreate from scratch. It is not public: it is only available to signed-in members whose access includes it (it opens progressively; at first, with the Premium pack).

• What goes in. Only videos imported through the Services from public Instagram posts are added, together with the link to the original post and the name of the account that published it. Files you upload from your own device are never added. When you import a video, you can tick “Don’t share in Community References” to keep it out.
• Your commitment. By leaving a video shared, you confirm that it was imported from a post that was public when you imported it, and that, to your knowledge, it is not illegal content.
• How members may use it. Videos of Community References may only be used inside the Services, as a reference for your own creations (for example the motion of a Motion Control or Recreate job). You must not download them in bulk, scrape the Bank, or republish, sell or distribute its videos as they are.
• Our role. We host Community References on behalf of the members. We do not create, select, rank or promote its videos, we do not check them before they appear, and we do not guarantee that any video is lawful, accurate or available. Videos are listed by date and search only.
• Retention. A video is deleted automatically 30 days after it was last used by a member. We may also remove any video, or close Community References, at any time.
• Rights holders and people who appear in a video can ask for its removal at any time, as explained in section 12.

12. Reporting content and moderation

Anyone, member or not, can report content of Community References (or any other content we host) that they believe is illegal or infringes their rights, using the form at onyx-ai.eu/report or by e-mail to contact@onyx-ai.eu. Members can also use the “Report” button next to each video of the Bank.

A report must include: the video concerned (its link in Community References or the link to the original post); the reason, and for an intellectual-property or image-rights claim, the right concerned and your relationship to it; your name and e-mail address; and a statement that the report is made in good faith and is accurate. Reports sent through the form are confirmed by a link sent to your e-mail address.

How we handle reports:

• A complete and confirmed report from outside Community References, or reports from two different members, immediately hide the video for every member while we review it.
• A person reviews every report, normally within 48 hours. A video stays hidden until a decision is made.
• If the report is founded, the video is permanently deleted and its digital fingerprint is blocked so that it cannot be added again. If it is not, the video is restored. Hidden videos with no decision are deleted after 7 days.
• We inform the person who reported and, where possible, the member who imported the video, of the decision and its reasons. Either of them can contest it within 6 months by replying to that message or writing to the contact address; a person reviews the complaint.
• The only automated tool we use is fingerprint matching against videos already removed. All other decisions are made by a person.
• After a warning, we may stop processing reports from a person or account that frequently sends manifestly unfounded reports, and limit or suspend the sharing or access of a member whose videos are repeatedly removed.
• We keep a record of reports and decisions, and we inform the competent authorities when the law requires it, in particular for content suggesting a threat to a person’s life or safety.

13. AI-generated outputs

Images, videos, text and other results produced through the Services (“Outputs”) are generated automatically by AI models. Outputs may be inaccurate, incomplete, unexpected, low quality, similar to other content, or offensive. You are solely responsible for reviewing every Output before you use, publish or distribute it, and for making sure that doing so is lawful and respects the rights of others.

Where the law or the platform you publish on requires AI-generated or AI-altered content to be labelled or disclosed, you are responsible for doing so. Tools that remove or change file metadata do not change those obligations.

14. Experimental technology

AI models are probabilistic and evolve quickly. The same request can give different results, and the models and providers behind a tool may change, degrade or disappear. Results, speed and availability are therefore not guaranteed.

15. No professional advice

The Services, including niche research and virality scores, provide general information and creative assistance only. They are not legal, financial, marketing or any other professional advice, and they do not guarantee any audience, reach, revenue or other result.

16. Ownership of outputs

As between you and us, and provided you comply with these Terms, you own the Outputs you generate, to the extent the law allows. The terms of the AI provider that produced an Output may also apply to it. Because AI models can produce identical or similar results for different users, and because an Output can be based on media that belongs to others, we do not guarantee that an Output is unique, original, free of third-party rights or protectable by intellectual property rights.

17. Acceptable use

You agree not to use the Services, Community References or any Output to:

• create, request or share any sexual or sexualised content involving minors, or depicting a character who is or appears to be under 18 (including AI-generated, drawn or animated characters), or any content that exploits or endangers children in any way;
• create sexual or intimate content depicting a real, identifiable person without that person’s explicit consent, or any non-consensual deepfake;
• impersonate a real person or organisation, or mislead people about who created or appears in content, in order to deceive, defraud, harass or harm;
• harass, threaten, defame or discriminate against anyone, or spread content that incites violence or hatred;
• infringe anyone’s copyright, trademark, image rights, privacy or other rights;
• use leaked, stolen or paywalled content (for example content taken from a creator’s paid subscription), or intimate images of a real person, as an Input, a reference or a source for any tool;
• break the terms or content rules of the AI providers and platforms you use through the Services;
• carry out fraud, scams, spam or any other illegal activity;
• send false, abusive or bad-faith reports, or import content into Community References that you know to be illegal;
• download Community References in bulk, scrape it, or make its videos available outside the Services;
• copy, reverse engineer, decompile or resell the Services or any part of them, or remove proprietary notices;
• share, sell or pool license keys, API tokens or access, or let third parties use the Services through your license;
• interfere with, overload or attack the Services or their security, or try to access accounts, data or systems you are not authorised to access;
• bypass usage limits, safety measures or access controls, or use scripts, bots or other automation against the Services beyond the features and the API we provide.

18. Intellectual property

The Services, including their software, design, workflows, prompts, text, logos and the Onyx.AI name, belong to us or our licensors and are protected by intellectual property laws. Subject to these Terms and to your trial or subscription being active, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the Services for their intended purpose. If you send us feedback or suggestions, we may use them freely without any obligation to you.

19. Availability, storage and changes

We make reasonable efforts to keep the Services available, but they may be interrupted by maintenance, updates, incidents, or failures of the providers and infrastructure we rely on. We do not guarantee that the Services will be uninterrupted, error-free or always accessible.

The Services are not a backup service. Files generated or downloaded in the tools are kept for 7 days, videos of Community References 30 days after their last use, and files may also be deleted when a tool changes. Keep your own copies of anything important.

20. Third-party services

The Services rely on and link to third-party services, including AI providers, hosting and storage providers, social platforms and payment processors. We are not responsible for their availability, performance, security, content or policies, and your use of them is governed by their own terms.

21. Support

We provide support by e-mail and in our community channels on a reasonable-efforts basis. We do not guarantee a response time or that every issue will be resolved.

22. Privacy

How we process personal data, including the data of people who appear in videos of Community References and of people who send reports, is explained in our Privacy Policy, which forms part of these Terms.

23. No warranties

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement or uninterrupted operation. This does not affect the legal guarantees that consumers have by law (section 28).

24. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, audience, followers, data, business or opportunity, arising from or related to the Services or any Output. Nor are we liable for content imported or shared by other members, for the charges of third-party providers, or for measures taken by a third-party platform against your accounts.

Our total liability for any claim relating to the Services is limited to the greater of the amount you actually paid us for the Services in the 12 months before the event giving rise to the claim, and 100 euros.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for gross negligence, wilful misconduct, or death or personal injury caused by negligence.

25. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claim, loss, damage or expense (including reasonable legal fees) arising from your Inputs, the media you import or share, your use of the Services or of any Output, your breach of these Terms, or your violation of any law or of the rights of a third party.

26. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, power or network outages, cyberattacks, government actions, and failures or policy changes of third-party providers or platforms.

27. Suspension and termination

We may suspend or terminate your access, or restrict a feature such as sharing to Community References, if you breach these Terms, if your use creates legal, security or operational risk, if payment is not received, or if required by law. Except in urgent cases or where the law forbids it, we tell you the reason and give you the opportunity to respond. Access terminated for a serious breach is not refunded, except where the law requires it.

You may stop using the Services at any time. Sections that by their nature should survive termination (including 9, 11 to 13, 16, 18 and 23 to 31) continue to apply.

28. Consumer rights and mediation

If you are a consumer, nothing in these Terms affects the mandatory rights you have under the law of your country of residence, including the legal guarantee of conformity for digital content and services (Articles L224-25-12 and following of the French Consumer Code).

If a dispute is not solved after a written complaint to us, a consumer may refer it free of charge to our consumer mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France · phone +33 1 89 47 00 14 · litiges@cm2c.net · online: www.cm2c.net/declarer-un-litige.php.

29. General provisions

If any part of these Terms is found invalid or unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a reorganisation or sale of the Services. These Terms, with the Privacy Policy and the information shown at checkout, are the entire agreement between you and us about the Services.

We may update these Terms. The date at the top shows the latest version. For material changes we give at least 15 days’ notice by e-mail or in the app, and you may cancel before they take effect. Continuing to use the Services after a change takes effect means you accept the updated Terms.

30. Governing law and disputes

These Terms are governed by French law, without prejudice to the mandatory protections of the law of your country of residence if you are a consumer. Before starting any legal proceedings, both parties will try in good faith to resolve the dispute amicably. Failing that, the dispute will be brought before the competent courts of France, unless the law gives a consumer the right to bring it before the courts of their place of residence.

31. Contact

E-mail: contact@onyx-ai.eu · Report content: onyx-ai.eu/report · Website: onyx-ai.eu