Terms of Service

By creating a FORGR account or by using any part of the FORGR service (the “Service”) you agree to these Terms of Service (the “Terms”) and to our Privacy Policy. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” means that entity.

We may publish additional terms for specific features (for example beta features or enterprise add-ons). Those supplemental terms become part of these Terms when you use the feature they apply to.

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. By using FORGR you represent that you meet this requirement and that you are not barred from using it under the laws of any country that applies to you.

You may not use the Service if you are located in, or ordinarily resident in, a country subject to comprehensive U.S. sanctions, or if you appear on a U.S. or other applicable denied-party list.

You are responsible for the information you provide at sign-up and for keeping it accurate. You are also responsible for all activity that happens under your account.

• Keep your credentials confidential and enable multi-factor authentication when offered.
• Notify us at [email protected] as soon as you suspect unauthorized access.
• Do not share a single account with multiple individuals. Workspaces and seats are available for teams.

Plans

FORGR offers a free tier and paid subscriptions described on our pricing page. The features included in each plan, and the prices, may change, we will give you notice before changes take effect for an active subscription.

Billing

Paid plans are billed in advance through our payment processor, Stripe. You authorize us (acting through Stripe) to charge your chosen payment method on the schedule shown at checkout. All fees are exclusive of taxes, which we may add where required.

Auto-renewal and cancellation

Subscriptions renew automatically for successive periods unless you cancel before the renewal date. You can cancel at any time from your account settings; cancellation takes effect at the end of the then-current billing period and you keep access until then.

Refunds

Except where required by applicable law (for example certain consumer-protection rights for users in the EEA, UK, or California), fees are non-refundable and we do not pro-rate partial periods. If you believe you have been billed in error, email us at [email protected] within 30 days and we will look into it.

Credits and generation limits

Some plans include monthly generation credits or other usage allowances. Unused allowances do not roll over between billing periods unless we explicitly say so. Allowances are not legal tender, cannot be exchanged for cash, and expire when your subscription ends.

You agree not to use FORGR, and not to allow anyone using your account to use it, to:

• generate, request, store, or share child sexual abuse material or any content that sexually exploits minors;
• generate non-consensual intimate imagery, including sexual deepfakes of real people;
• generate realistic depictions of identifiable real people without their consent, this includes celebrities, politicians, and private individuals;
• create content intended to defraud, defame, or deceive, including manipulated media designed to influence elections or impersonate officials;
• produce content that promotes terrorism, mass violence, self-harm, or unlawful weapons or drugs;
• produce hate speech or harassment targeting a person or group based on protected characteristics;
• infringe intellectual property rights, trade secrets, or publicity rights;
• attempt to reverse-engineer, scrape, or extract our models, system prompts, or proprietary safety classifiers;
• probe, scan, or test the vulnerability of our infrastructure, other than through a sanctioned security program;
• upload malware or use the Service to distribute harmful code;
• use the Service to build, train, or evaluate a competing generative model;
• resell, white-label, or otherwise commercially exploit the Service without a written agreement with us.

We may suspend or terminate access for any violation of this section, and we may report serious violations to law enforcement. Where we suspect content depicts minors, we will preserve evidence and report it to the National Center for Missing & Exploited Children (NCMEC) as required by law.

“Your Content” means the prompts, reference images, videos, characters, descriptions, and other inputs you submit to the Service, together with the outputs the Service generates in response to those inputs.

You represent and warrant that:

• you own or have the necessary rights, licenses, and consents to submit Your Content;
• submitting Your Content and using it through the Service does not violate these Terms, any third party’s rights, or any applicable law;
• any real person depicted in Your Content has provided the consent required by law for the depiction you are creating.

You own your outputs

As between you and Vibeyard, you own the outputs you generate through the Service, subject to (a) the terms of the third-party model that produced the output and (b) the license you grant us below.

You acknowledge that generative AI can produce outputs that are similar across users when prompted similarly, and that copyright protection for AI-generated material varies by jurisdiction. We do not warrant that you can register copyright in any output or that any output is unique.

License you grant us

You grant Vibeyard a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely as needed to operate, secure, and provide the Service to you, to enforce these Terms, and to comply with the law. This license ends when you delete Your Content or close your account, except to the extent we are required to retain copies for legal, tax, or safety reasons.

We do not train models on Your Content

Vibeyard does not use Your Content to train, fine-tune, or evaluate machine learning models, and we contractually require our model providers not to do so for Service traffic where the option is offered.

The Service lets you select from generative models operated by third-party providers, including Google, OpenAI, ByteDance, Kling, Flux, and others we may add over time (“Providers”).

When you choose a model, you also agree to the applicable Provider’s terms of service and acceptable use policy. Providers may impose additional restrictions on commercial use, data retention, and the depiction of public figures. Where there is a conflict between a Provider’s policy and these Terms with respect to use of that Provider’s model, the stricter rule applies.

We may add, remove, or change Providers at any time. Outputs previously generated through a discontinued Provider remain in your account but may not be reproducible.

The Service, including the FORGR brand, our software, our design system, our documentation, and any improvements, modifications, or derivative works, is owned by Vibeyard LLC or our licensors and is protected by intellectual property and other laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by these Terms. Nothing in these Terms transfers any of our intellectual property rights to you.

If you send us ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation or compensation to you. This does not change who owns Your Content.

We respect the intellectual property of others and respond to valid notices of alleged infringement consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512).

To submit a takedown notice, send the following to [email protected] with the subject line “DMCA Notice”:

1. identification of the copyrighted work you claim has been infringed;
2. identification of the material on the Service you claim is infringing, with enough detail for us to locate it;
3. your contact information (name, address, phone, email);
4. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
5. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
6. your physical or electronic signature.

We may forward your notice to the user who submitted the allegedly infringing material. Repeat infringers’ accounts will be terminated.

We work to keep the Service reliable but do not guarantee any specific uptime unless we have agreed otherwise in a separate written contract.

We may release features marked “beta,” “preview,” or “experimental.” Those features are provided as-is, may change without notice, and should not be relied on for production workloads.

We may modify, suspend, or discontinue the Service or any part of it at any time. Where we discontinue a paid feature with material impact, we will give reasonable advance notice and, if you prepaid for that feature, a pro-rated refund of the unused portion.

The Service and all outputs are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Vibeyard disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or trade usage.

We make no warranty that AI-generated outputs will be accurate, complete, lawful, original, suitable for a particular use, or free of bias, and you are responsible for reviewing outputs before relying on them. Outputs are not a substitute for professional advice (legal, medical, financial, or otherwise).

To the maximum extent permitted by law, Vibeyard and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, or business interruption, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or related to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Vibeyard LLC and its affiliates, officers, employees, agents, and licensors from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to:

• Your Content;
• your use of the Service;
• your violation of these Terms or applicable law;
• your violation of the rights of any third party, including intellectual property, publicity, or privacy rights.

We will give you prompt notice of any claim, reasonable cooperation, and the right to control the defense and settlement (subject to your interests).

You can stop using the Service or delete your account at any time from your account settings.

We may suspend or terminate your access to the Service, in whole or in part, at any time and without notice if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or used the Service in a way that harms other users.

Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) will survive.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the arbitration provisions below, the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction over any dispute that is not subject to arbitration, and you consent to personal jurisdiction in those courts.

Please read this section carefully. It affects your legal rights, including your right to a trial in court and to participate in a class action.

Informal resolution first

Before filing any formal dispute, you agree to first email us at [email protected] with a clear description of the issue and what you would like as a remedy. We will try in good faith to resolve the dispute within 60 days.

Binding individual arbitration

If we cannot resolve a dispute informally, you and Vibeyard agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Sheridan County, Wyoming, or by videoconference, at your election. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Class action waiver

You and Vibeyard agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Small-claims carveout

Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction in lieu of arbitration.

30-day opt-out

You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with the subject line “Arbitration Opt-Out” and your account email. Opting out does not affect any other provision of these Terms.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you by email or through the Service before the changes take effect.

Continued use of the Service after an update means you accept the revised Terms. If you do not agree, you can close your account before the changes take effect.

• Entire agreement. These Terms, together with the Privacy Policy and any supplemental terms we publish, are the entire agreement between you and Vibeyard regarding the Service and supersede any prior or contemporaneous agreement on the same subject.
• Severability. If a court of competent jurisdiction finds any provision unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is responsible for delays or failures caused by events beyond reasonable control, including natural disasters, outages, war, and government action.
• Notices. We may give notices through the Service, by email to the address associated with your account, or to the legal entity address listed below.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Vibeyard.

For any question about these Terms or to send a legal notice, please write to [email protected] or by mail to the address listed in the legal entity card below.

Thanks for reading. Now go make something good.