Terms of Service

Thank you for choosing to use XDC Lab Platform ("XDC Lab" or the "Platform"), which includes the XDC Lab website, applications, and any other features, functionalities, or services provided now or in the future (collectively the "Services"). These Services are provided by XDC Lab, with servers located in Hong Kong Special Administrative Region.

1. Your Agreement to these Terms of Service

These Terms of Service (these "Terms" or the "Agreement"), as may be updated from time to time, govern your access to and use of the Platform and Services. They form a legally binding agreement between you and us. For the purposes of these Terms, "you" and "your" refer to you as the end-user of the Services. By accessing or using the Services, you agree to be bound by these Terms.

Please read these Terms carefully, particularly the provisions in bold and ALL CAPS, which highlight key legal terms and conditions. You must accept all the terms and conditions set forth in this Agreement before using the Services. If you do not agree to any part of these Terms, you must immediately stop using the Services and refrain from proceeding further.

Your access to and use of the Services are also subject to our Privacy Policy as well as any additional guidelines or rules that may be made available to you from time to time. The terms of these documents will be posted through our Services or otherwise notified to you, and they are incorporated herein by reference.

2. Changes to these Terms

To improve your experience and ensure the safety and performance of our Services, we may update, enhance, or modify the Services from time to time. We also reserve the right to revise these Terms as necessary to reflect changes in our practices, legal requirements, or business operations. When we make material changes, we will make reasonable efforts to notify you—for example, by posting an update on the Platform or sending a notice to your account email. We will also update the "Last Updated Date" at the top of these Terms to indicate when the changes take effect.

It is your responsibility to review these Terms periodically. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services immediately.

3. Account and Registration

3.1 Account Requirements

To access and use many of the Services provided through the Platform (such as image generation and AI design features), you must first register for an account. When creating an account, you must provide accurate, current, complete, and truthful information. You are responsible for maintaining the accuracy of your account information at all times. You agree to use the Services only for lawful purposes and in accordance with this Agreement.

3.2 Eligibility

You must be at least 13 years of age, or the minimum age required in your jurisdiction, to use the Services. If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use the Services with the permission and under the supervision of your parent or legal guardian. By using the Services, you confirm that your parent or legal guardian has reviewed and agreed to these Terms with you.

3.3 Account Security and Responsibility

You acknowledge and agree to the following:

• Account Security: You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username and password. You must not share your login information with any third party.
• Account Activity: You are solely responsible for all activities that occur through or under your account. If you are using the Platform or Services on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to do so.
• Monitoring: We may, but are under no obligation to, monitor activities occurring under or through your account. We are not liable for any loss or damage arising from any unauthorized access to or use of your account.

We reserve the right to temporarily suspend, permanently terminate, or otherwise restrict your account, with or without notice, at any time and for any reason, including but not limited to: violation of these Terms or applicable laws; account activity that may cause harm to us, other users, or third parties; response to lawful requests from authorities; technical or security-related issues; or prolonged account inactivity.

If you no longer wish to use our Services, you may request to delete your account by contacting us at [email protected]. Upon termination, your access to the Platform and Services will be discontinued, and we will delete or de-identify your relevant information.

4. User Conduct and Prohibited Activities

4.1 Prohibited Use

You agree to use the Services solely for lawful purposes and only as expressly permitted under these Terms and applicable laws. You shall not use the Services, directly or indirectly:

• To exploit, harm, or attempt to exploit or harm minors in any manner
• To generate or disseminate verifiably false or misleading information with the intent to cause harm
• To generate, distribute, or misuse personally identifiable information in a way that could harm an individual
• To infringe, misappropriate, or otherwise violate intellectual property, privacy, publicity, or other legal rights of any third party
• To defame, harass, intimidate, threaten, or otherwise disparage any person or group
• For fully automated decision-making processes that may adversely affect an individual's legal rights
• To discriminate against or harm individuals or groups based on personal characteristics

4.2 Technical Restrictions

You agree that you will not, and will not permit or encourage any third party to:

• Copy, reproduce, modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services
• Remove, alter, obscure, or tamper with any copyright, trademark, patent, or other proprietary rights notices
• Sell, license, sublicense, lease, assign, distribute, or otherwise commercially exploit any part of the Services without our express prior written consent
• Use any robot, spider, scraper, crawler, or other automated means to access or collect information from the Services
• Upload, transmit, or distribute any viruses, worms, trojan horses, ransomware, spyware, or any other malicious code
• Interfere with, disrupt, or attempt to gain unauthorized access to the operation of the Services or any user accounts

We reserve the right to remove or disable any content or materials at any time without prior notice. Any violation of these Terms or applicable laws may result in civil, criminal, or administrative liability. We further reserve the right to take any action we deem appropriate, including reporting to law enforcement, suspending or terminating your account, and seeking any other legal remedies.

5. Content and License

5.1 Content

You may provide input to the Services ("Input") and receive output generated by the Services based on that input ("Output"). Input and Output are collectively referred to as "Content". Content may include but is not limited to prompts, text, URLs, code, images, videos, data, datasets, documents, or any other materials or information you submit to or receive from the Services.

5.2 Content Ownership

Subject to applicable laws and the rights granted under these Terms: (a) You retain ownership of your Input, including copyright; (b) As between you and us, you own the Output generated by the Services in response to your Input. To the extent we have any rights in the Output, we hereby assign all rights, title, and interest we may have to you, provided that you comply with these Terms and applicable laws.

5.3 License Granted to Us

By using the Services and submitting or generating Content, you grant us and our affiliates, service providers, and developers a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable perpetual license to use your Content only to the extent necessary for: operating, providing, maintaining, improving, and developing the Services; ensuring the functionality, security, and integrity of the Services; complying with applicable laws and legal obligations; and enforcing our Terms, policies, and rights.

5.4 Representations and Warranties

By accessing or using the Services, you represent and warrant that:

• You have all rights, licenses, consents, and authorizations necessary to provide Input to the Services and to grant the rights set forth in these Terms
• You are solely responsible for your Content, including its legality, reliability, accuracy, and appropriateness
• XDC Lab does not guarantee and cannot guarantee the legality, appropriateness, accuracy, or completeness of any Content generated by the Services based on your Input

5.5 AI Output Disclaimer

AI and machine learning are complex and evolving technologies. Although we strive to improve the accuracy, reliability, safety, and usefulness of the Services, you acknowledge and agree that due to the inherent limitations of these technologies, the Services may produce content that is imprecise, incomplete, outdated, or otherwise inaccurate.

• Outputs are not guaranteed to be fully accurate
• Independent evaluation is required. You are solely responsible for evaluating the accuracy, completeness, legality, and suitability of any Output for your specific use case
• Do not use for high-risk decisions that may have legal, financial, reputational, or material impact on identifiable individuals
• Outputs are algorithmically generated and do not represent our views, values, or opinions

6. Paid Services and Payment

6.1 Paid Services

We may offer certain features for free ("Free Services"), while other features may require payment ("Paid Services"). We reserve the right to modify or discontinue any part of the Services at any time at our sole discretion, including adjusting features, pricing, subscription models, or discontinuing existing services.

6.2 Purchase and Subscription Terms

You may purchase through various payment methods. Unless you reside in the UK, EU, or EEA, prices are generally exclusive of taxes. Paid Services may be offered under: Fixed-term billing (one-time payment for a specific period) or Auto-renewing subscriptions (automatic billing at each renewal period unless cancelled).

6.3 Renewal and Cancellation

Fixed-term subscriptions automatically expire at the end of the term. Auto-renewing subscriptions will automatically renew for the same duration as the previous term. To avoid future charges, you must cancel your subscription before the renewal date through your account settings.

6.4 Refund Policy

Since subscription services are virtual goods/services, unless otherwise stipulated by the laws of your region: subscriptions purchased more than 7 days ago are not refundable; refund requests for subscriptions that have been actually used will not be processed. To request a refund, please contact [email protected].

7. Intellectual Property Rights

We respect intellectual property rights and expect our users to do the same. We reserve the right, at our sole discretion and without prior notice, to: remove any content that infringes (or is alleged to infringe) on intellectual property or publicity rights; block access to the Services; terminate the accounts of repeat or serious infringers; and take any other action we deem appropriate to protect rights and comply with the law.

If you believe your intellectual property rights have been infringed, or if you encounter content or output that violates applicable laws, please contact us at: [email protected].

8. Third Party Services

The Services may incorporate or rely on third-party services, including but not limited to third-party large language models ("LLMs") and APIs. When using these third-party services, you agree to comply with any applicable terms and conditions imposed by those third parties. To the fullest extent permitted by law, any dispute you may have with a third party arising from your use of their services is solely between you and that third party.

We do not create or control the Output generated by third-party providers and are not responsible for any content produced or made available through them. You acknowledge that we have no obligation to review, monitor, or pre-screen any Output or content provided by third-party services.

9. Disclaimer of Warranties

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE.

We may change, suspend, withdraw or restrict the availability of all or any part of the Services for business and operational reasons at any time without notice. We are not obligated to provide any transition services or technical or other support to you after suspension or termination of any Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR FIFTY US DOLLARS (USD $50), WHICHEVER IS HIGHER.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS XDC LAB, OUR AFFILIATES, LICENSORS AND THIRD-PARTY PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES ARISING FROM YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.

12. Dispute Resolution and Governing Law

12.1 Dispute Resolution

Unless otherwise specified in applicable laws or regulations, all claims or disputes arising out of or relating to these Terms or your use of the Services shall be resolved through friendly negotiation first. If negotiation fails, either party may submit the dispute to the courts of Hong Kong Special Administrative Region for resolution.

12.2 Governing Law

Except as otherwise specified in applicable laws or regulations, these Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.

13. Contact Information

If you have any complaints, suggestions or other questions about these Terms, please contact us:

We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.