Terms of Service

Last Updated: January 24, 2025

Welcome to Buinity! These Terms of Service ("Terms") govern your access to and use of Buinity’s applications, websites, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

1. Introduction

Buinity ("Buinity," "the app," "the platform," "the service," or "the site") is an AI-powered media(image, video) generation platform developed and provided by Sita Berete ("we," "us," or "our") that allows users to create and share content. These Terms constitute a binding agreement between you (the "User", "You", "Your" or "Them") and Buinity, its affiliates, successors, and assigns.

2. Eligibility

• You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms.
• You agree to comply with all applicable local, state, national, and international laws when using the Services.

3. Account Creation and Responsibilities

• To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials.
• You agree to notify us immediately of any unauthorized use of your account.
• You are solely responsible for all activities conducted under your account.

4. Subscriptions Plans and Usage

• You agree not to use the Services for any unlawful, harmful, or infringing purposes.
• Buinity reserves the right to remove content that violates these Terms or applicable laws.

Plan Types

• Free Plan Users: Content generated by users on the free plan will always be public and accessible to all Buinity users and unregistered visitors.
• Paid Plans: Paid plans include Basic, Standard, Premium, and Ultra. All users subscribed to any of these plans are referred to as Premium Users.
• Premium Users: Premium users have access to more advanced features including the choice to keep their content private or make it public. Private content will not be visible to other users unless you share a direct link.

Content(Public or Private) includes inputs (e.g., prompts, parameters, and uploaded media) and outputs (e.g., generated images or other media).

Commercial and Non-Commercial Use

• Free Plan and Basic Plan Users: All use of Buinity, including generating media and customizing models, is strictly for non-commercial purposes. Non-commercial use refers to personal, educational, or recreational use that does not involve financial gain or the promotion of goods/services.
• Standard Plan and Higher (Standard, Premium, and Ultra): Users subscribed to these plans are eligible for commercial use, which includes but is not limited to using generated content to promote products/services, for monetized platforms, or for creating derivative works for profit.

Prohibited Uses:

• Free Plan and Basic Plan users are not allowed to using content (including generated by them) for commercial purposes.
• Unless you are a Premium User, you may not use content from Buinity to train machine learning models outside of the platform, including for non-commercial purposes, unless explicitly authorized by Buinity.

• Using web scrapers or similar techniques to collect any type of data is strictly forbidden unless explicitly authorized by Buinity.

  For research, academic, or similar purposes, please contact us at contact@buinity.com

4.1 Refunds

• Buinity provides sufficient free usage to allow users to evaluate the Services before subscribing to a paid plan. We recommend using the free plan to ensure the Services meet your needs before upgrading to a paid plan.
• We do not offer refunds unless otherwise required by applicable law. If you face any issues with your subscription, please contact us at support@buinity.com.

5. Intellectual Property

• You retain ownership of any content you input or generate through the Services.
• By using the Services, you grant Buinity certain rights as described in the section Rights You Give to Us below.
• Buinity retains ownership of its base models, algorithms, and other proprietary technologies used in the Services.

6. Rights You Give to Us

By using the Services, you grant Buinity, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute:

1. Public Content: Any content you input into the Services and any media generated by you through the Services that you make public.
2. Private Content: For private content (including customized models and datasets), we agree to make best efforts not to publicly display such content. However:
   • When you share a link to private content, anyone with the link will have access to it. This license survives termination of your account or this agreement.

7. Custom Models and Datasets

• Users can customize Buinity’s base models by providing a dataset (e.g., images, videos). You can choose to:
  • Make the resulting customized model public or private.
  • Make the dataset public or private (independent of the model’s visibility).
• Public Models and Datasets: These will be visible to all Buinity users, including unregistered visitors.

9. Data Privacy and Security

• For details on how your data is collected, used, and protected, refer to our Privacy Policy.
• You have the right to request access to, correction of, or deletion of your personal data as described in the Privacy Policy.

10. Limitation of Liability

• Buinity provides the Services on an "as is" and "as available" basis. We make no warranties of any kind, whether express or implied.
• To the fullest extent permitted by law, Buinity is not liable for any damages resulting from your use of the Services, including but not limited to errors, outages, or loss of data.

11. Termination

• You may terminate your account at any time by contacting us.
• Buinity reserves the right to terminate or suspend your account for violations of these Terms or applicable laws.
• Upon termination, your public content will remain accessible, but private content may no longer be retrievable.

12. Amendments

• Buinity may update these Terms from time to time. Changes will be effective upon posting. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Conakry, Guinea, without regard to its conflict of laws principles.
• Any disputes will be resolved through binding arbitration in The Court of First Instance of Dixin, Conakry, unless prohibited by local law.

16. Miscellaneous

1. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
2. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
3. Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
4. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
5. Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.
6. Governing Law. This Agreement shall be governed by the laws of the State of Conakry, Guinea, without reference to conflict of law rules. All disputes will be governed by this agreement.

14. Contact Information

For questions about these Terms or the Services, contact us at: support@buinity.com