Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") form a legally binding contract between you ("User", "you", "your") and BLY Software Labs ("Company", "we", "us", "our"), a company registered in Dubai, United Arab Emirates, which operates SexyGen.io and all related services, APIs, tools, dashboards, and generated content (collectively, the "Service").

Acceptance occurs at the earliest of: (a) clicking any "I agree", "Sign up", or equivalent control; (b) creating or accessing an account; (c) submitting any generation request; or (d) any other use of the Service. If you act on behalf of a business entity, you represent that you are authorised to bind that entity and "you" refers to that entity.

No reliance on outside representations: These Terms and our Privacy Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, advertisement, demo, sales communication, or promise not expressly set out in these Terms in deciding to use the Service.

2. Eligibility — Continuing Representations and Warranties

By using the Service — and on each occasion you use it — you irrevocably represent, warrant, and covenant (as continuing obligations, not merely at the time of registration) that:

• You are at least 18 years of age (or the higher age of majority in your jurisdiction).
• You are not located in, and will not access the Service from, any country subject to a comprehensive embargo or sanctions regime administered by the UAE, USA, EU, or UN.
• You are not named on any government denied-persons, designated nationals, or sanctions list, and you are not acting on behalf of any such person or entity.
• Your use of the Service is lawful under all applicable laws in your jurisdiction at all times.
• All information you provide to us is and will remain accurate, complete, and current.
• You have the full legal capacity and authority to enter into and perform these Terms.
• If acting on behalf of an entity, that entity is duly organised and validly existing.

We reserve the right to require identity or age verification at any time and to suspend access pending verification. Any misrepresentation of age, identity, or eligibility constitutes material breach, automatically terminates all rights granted under these Terms, and may be reported to relevant authorities.

3. Accounts

• You are solely and entirely responsible for all activity conducted through your account, whether or not authorised by you.
• You must notify us immediately at info@sexygen.io upon becoming aware of any suspected unauthorised access or compromise of your credentials.
• We may refuse registration, suspend, or permanently terminate any account at our sole discretion, with or without cause, with or without notice, and without any liability to you.
• One account per person or entity. Operating multiple accounts to circumvent restrictions or obtain additional resources is prohibited and grounds for immediate termination of all associated accounts.
• You may not transfer, sell, or assign your account or any rights under these Terms to any third party without our prior written consent.
• Terminated accounts are not entitled to any refund of prepaid fees unless expressly required by mandatory applicable law.

4. Prohibited Conduct

4.1 — Zero-Tolerance: Automatic Immediate Permanent Termination

• Generating, uploading, storing, distributing, or processing any content that depicts, simulates, or involves minors in any sexual or suggestive context whatsoever.
• Uploading voice recordings, images, or biometric data of any real person without their documented, explicit, prior, and informed consent to AI processing, cloning, and synthetic output.
• Attempting to compromise, disrupt, or gain unauthorised access to the Service, its infrastructure, or other users' accounts.

4.2 — General Prohibited Conduct

You must not, directly or indirectly, or assist, enable, or permit any third party to:

• Generate or distribute content that is defamatory, fraudulent, harassing, threatening, constitutes non-consensual intimate imagery, or incites violence, hatred, or unlawful discrimination.
• Create realistic synthetic media of a real, identifiable person in a manner designed to deceive, harm, defraud, or damage their reputation.
• Probe, scan, penetrate, reverse-engineer, decompile, or attempt to extract the source code, model weights, or architecture of any AI component of the Service.
• Circumvent, disable, or interfere with any security, rate-limiting, content-classification, or authentication feature of the Service.
• Use automated scripts, bots, or scrapers to access or stress-test the Service outside of our documented API with an active paid subscription.
• Resell, sublicense, white-label, or commercially exploit access to the Service without our prior written consent.
• Use the Service to violate any applicable law or regulation, including laws of the UAE, your jurisdiction, and any distribution platform's terms of service.
• Use the Service to facilitate money laundering, terrorism financing, fraud, or any other financial crime.
• Publicly disparage, defame, or make false or misleading statements about BLY Software Labs, the Service, or our officers, employees, or agents.
• Initiate a chargeback or payment dispute that you know to be without valid basis. Abusive chargebacks constitute fraud; we reserve the right to recover the disputed amount plus a USD 150 administrative fee per chargeback and pursue all available remedies.
• Circumvent these Terms through a third party, shell entity, or alter ego to take any action you are prohibited from taking directly.

We reserve the right to classify, block, or refuse any generation request, and to monitor usage for compliance, at our sole discretion without explanation or liability. All content moderation decisions are final.

5. Adult Content — Assumption of Risk and Full User Responsibility

The Service enables creation of adult content. By using it you irrevocably acknowledge, accept, and agree that:

• You assume all risk — regulatory, legal, reputational, and platform risk — associated with creating, possessing, distributing, and monetising AI-generated adult content in every jurisdiction where it is accessed.
• You bear sole and exclusive legal responsibility for all content you generate, store, distribute, publish, or monetise, including compliance with every applicable law, regulation, platform rule, and third-party requirement in every relevant jurisdiction.
• You are solely responsible for maintaining all age-verification, performer identification, and record-keeping documentation required by applicable law, including 18 U.S.C. § 2257 (USA), Article 3 of the EU AVMS Directive, and any equivalent legislation.
• You will only distribute generated content through platforms that lawfully permit adult material and independently verify recipient ages.
• We are not a producer, publisher, or distributor of any content you create. We are solely a technology infrastructure provider. Platform-operator liability protections (including equivalent UAE law provisions) apply to us.
• We make no representation that any generated content is lawful in any jurisdiction. Determining lawfulness is entirely your responsibility.
• Any regulatory investigation, fine, penalty, or legal action arising from your distribution or use of generated content is your sole responsibility; you will indemnify us accordingly.

6. Voice, Likeness, and Biometric Data

When you upload audio, images, or biometric data you represent and warrant that:

• You own the data outright or hold a valid, current licence permitting AI processing, voice cloning, and synthetic output.
• You have obtained all required consents from every identifiable individual whose voice, likeness, or biometric data is present, including specific, informed consent for AI-based cloning, synthesis, and downstream distribution.
• The upload and its use do not violate any right of publicity, right of privacy, or biometric information privacy law in any applicable jurisdiction (including but not limited to BIPA, GDPR, UAE Federal Decree-Law No. 45 of 2021).

Any claim arising from your failure to satisfy the above is your sole liability. We may delete uploaded biometric data at any time at our sole discretion. You fully indemnify us against all such claims.

7. Intellectual Property

Platform IP: The SexyGen.io name, logos, trademarks, software, APIs, AI model configurations, and all related technology are the exclusive property of BLY Software Labs. Nothing in these Terms grants you any right or licence in our IP beyond the limited, revocable, non-sublicensable right to use the Service as described herein.

Your inputs: You retain ownership of original materials you upload. You grant us a worldwide, royalty-free, sublicensable, transferable licence to process your inputs to provide the Service and, in de-identified or aggregated form, to improve and develop the Service.

Generated output: Subject to full compliance with these Terms, we assign to you all right, title, and interest (if any) we hold in AI-generated output produced at your direction. You are solely responsible for ensuring generated output does not infringe any third-party IP right. We make no warranty of non-infringement, originality, or uniqueness.

Feedback: Any suggestions, feedback, or ideas you submit are assigned to us in full and may be used without restriction, compensation, or attribution.

Improvements: Any improvement to our systems, models, or methods derived from or inspired by your use of the Service is our exclusive property, even if suggested by you.

8. Fees, Billing, and Strict No-Refund Policy

• All fees are non-refundable except as expressly required by mandatory applicable law. Dissatisfaction with generated output, service interruptions, feature changes, or account suspension for violation of these Terms do not entitle you to a refund under any circumstances.
• We may change pricing at any time with 14 days' notice. Continued use constitutes acceptance.
• You are responsible for all applicable taxes, duties, and levies.
• Failed payments may result in immediate access suspension without notice until the balance is resolved.
• Accounts terminated for violation of these Terms forfeit all remaining prepaid credits, subscription value, or generation quota without recourse.
• Chargebacks: Initiating a chargeback for fees that are non-refundable under these Terms constitutes material breach. We reserve the right to recover the disputed amount plus a USD 150 administrative fee per incident and pursue all available legal remedies, including reporting fraudulent chargebacks to payment processors and credit bureaus.

9. No Service Level Guarantee

We provide the Service on a commercially reasonable basis but make no guarantee of uptime, availability, performance, response time, data preservation, or continuity. We may perform maintenance or emergency interventions at any time with or without notice. We may modify, suspend, restrict, or permanently discontinue the Service or any feature at any time without liability. Service interruptions, degradation, errors, or discontinuation do not entitle you to any refund, credit, or compensation.

10. Beta Features

Features designated "beta", "preview", or "experimental" are provided as-is, may be incomplete or unstable, and may be changed or removed at any time without notice. Use of beta features is entirely at your own risk and carries no implied warranty, SLA, or expectation of continued availability.

11. Third-Party Services

The Service may integrate with third-party technology providers. These providers operate independently under their own terms and policies, which may change at any time without our control. We are not responsible for any act, omission, outage, data loss, content decision, policy change, or termination of service by any third-party provider. Disruption of any integration does not entitle you to any refund, credit, or liability claim against us. We may add, change, or remove third-party integrations at any time without notice.

12. DMCA and Copyright

To submit a copyright infringement notice, email info@sexygen.io with: (a) identification of the copyrighted work; (b) location of the infringing material; (c) your contact information; (d) a good-faith belief statement; and (e) a statement under penalty of perjury as to accuracy and authority. Repeat infringers will have their accounts terminated. Counter-notices filed in bad faith may expose you to liability for our damages, costs, and attorneys' fees.

13. Disclaimer of Warranties

THE SERVICE, ALL OUTPUT, CONTENT, AND INFORMATION PROVIDED THROUGH IT ARE OFFERED STRICTLY "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" WITHOUT ANY WARRANTY OF ANY KIND — EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE — INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE, OR THAT ANY GENERATED OUTPUT WILL MEET YOUR REQUIREMENTS, BE ACCURATE, BE LAWFUL IN YOUR JURISDICTION, OR BE FREE FROM DEFECTS. AI-GENERATED OUTPUT IS INHERENTLY PROBABILISTIC AND UNPREDICTABLE; WE EXPRESSLY DISCLAIM ALL LIABILITY FOR RELIANCE ON IT. NO ORAL OR WRITTEN STATEMENT BY US OR OUR REPRESENTATIVES CREATES ANY WARRANTY.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLY SOFTWARE LABS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "COMPANY PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE SPECIFIC CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD 100).

These limitations apply regardless of the form of action and even if the limited remedies provided fail of their essential purpose. Some jurisdictions do not permit certain liability exclusions; in those jurisdictions our liability is limited to the maximum extent permitted by law.

You acknowledge that this Section reflects a fair allocation of risk and is an essential basis of the bargain, without which we would not provide the Service.

15. Liquidated Damages

The parties agree that for the following specific violations, actual damages would be difficult or impossible to quantify, and the following amounts represent a reasonable pre-estimate of loss, not a penalty:

• Generation, upload, or distribution of CSAM or any content depicting minors sexually: USD 500,000 per incident, plus all costs of investigation, legal fees, regulatory response, and any fines imposed on us as a result of your conduct.
• Wilful circumvention of content safety systems or authentication controls: USD 50,000 per incident.
• Unauthorised commercial resale or sublicensing of Service access: USD 25,000 per month of violation.

These amounts are cumulative with each other and do not limit any other remedy available to us, including criminal referrals.

16. Indemnification

You agree to indemnify, defend (at our election and at your expense), and hold harmless the Company Parties from and against all claims, demands, proceedings, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your access to or use of the Service;
• Any content you upload, generate, distribute, publish, or monetise;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any third-party right (including IP rights, privacy rights, rights of publicity, or biometric data rights);
• Your failure to obtain required consents for voice, likeness, or biometric data;
• Any regulatory investigation, fine, or enforcement action related to content you generate or distribute;
• Any claim by a distribution platform related to your use of generated content;
• Any misrepresentation made by you;
• Any third-party claim arising from your use of or reliance on AI-generated output.

We may assume exclusive control of any defence subject to indemnification. You will cooperate fully at your own cost. This obligation survives termination indefinitely.

17. Dispute Resolution — Binding Arbitration

Mandatory pre-arbitration notice: Before filing any claim you must email info@sexygen.io with a written description of the dispute and exact relief sought. The parties will attempt good-faith resolution within 30 days. Failure to complete this step is a procedural defect we may raise as a defence.

Binding arbitration: Any unresolved dispute arising out of or relating to these Terms, the Service, or the relationship between the parties — including questions of arbitrability — shall be resolved by final and binding arbitration administered by the Dubai International Arbitration Centre (DIAC) under its Arbitration Rules in force at the time of filing. The arbitration shall be conducted by a single arbitrator, in English, seated in Dubai, UAE. The arbitrator's award is final and binding. Judgment may be entered in any court of competent jurisdiction.

Costs: Each party bears its own legal fees and costs in arbitration, except that if the arbitrator determines your claim was frivolous or brought in bad faith, you shall pay our reasonable fees and arbitration costs in full.

Class, collective, and representative action waiver: YOU AND BLY SOFTWARE LABS EACH IRREVOCABLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN ANY FORUM. The arbitrator has no authority to consolidate claims, preside over class or representative proceedings, or award relief to anyone other than the individual claimant. This waiver is non-severable from the arbitration agreement; if it is found unenforceable, the parties agree to litigate the class claims in court exclusively in Dubai, UAE.

Jury trial waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Injunctive relief carve-out: Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction without waiving arbitration rights and without posting any bond or security.

18. One-Year Limitation Period

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY LONGER PERIOD THAT WOULD OTHERWISE APPLY UNDER APPLICABLE LAW.

This one-year limitation applies to all claims including breach of contract, tort, statute, and equity, and is enforceable to the maximum extent permitted by law.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, without regard to conflict-of-law principles. Subject to Section 17, you irrevocably submit to the exclusive jurisdiction of the courts of Dubai, UAE for all matters not subject to arbitration.

20. Termination and Survival

We may suspend or permanently terminate your access at any time, for any reason or no reason, with or without notice, without liability. Upon termination you must immediately cease all use of the Service. Termination does not relieve you of obligations incurred prior to termination.

The following Sections survive termination indefinitely: 2, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, and 21.

21. General Provisions

• Entire agreement: These Terms and the Privacy Policy supersede all prior oral and written agreements, representations, negotiations, and understandings relating to the Service.
• No oral modifications: These Terms may only be modified by us posting an updated version on this page. No statement by any of our employees, agents, or representatives modifies these Terms.
• Amendments: Material changes notified with 14 days' advance notice. Continued use constitutes acceptance.
• Severability with reformation: If any provision is unenforceable, it shall be modified to the minimum extent necessary to make it enforceable; all other provisions remain in full force.
• No waiver: Failure or delay by us to enforce any provision is not a waiver, and no single waiver extends to any subsequent breach or provision.
• No course-of-dealing waiver: A course of dealing, course of performance, or trade usage shall not modify or waive any provision.
• Assignment: You may not assign any right or obligation without our prior written consent. We may assign freely. Any purported assignment by you in violation of this section is void.
• Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, cyberattacks, government action, pandemics, or third-party provider failures.
• Injunctive relief: We may seek injunctive or other equitable relief without posting bond, security, or proving actual damages.
• No partnership or agency: Nothing creates a partnership, joint venture, employment, or agency relationship between the parties.
• No third-party beneficiaries: These Terms confer no rights on any third party.
• Electronic notices: You consent to receive all notices electronically (via email or in-Service notification), which shall be deemed delivered when sent.
• Cooperation: You agree to cooperate fully with any law enforcement investigation or legal process relating to your use of the Service, at your own cost.
• Language: The English version of these Terms is authoritative. Any translation is for convenience only.

22. Contact