Terms of Service

Last Updated: January 22, 2026

These Terms of Service (“Terms”) govern your access to and use of Modelfy.ai (“the Service”), provided by BrookMind LLC (operating as Modelfy.ai). By using the Service, you agree to these Terms.

1. Overview

Modelfy provides AI tools for creating and editing images and videos using uploaded or generated content. You are responsible for lawful and compliant use of all materials.

2. Eligibility

You must be at least 18 years old to use the Service and to create an account. By using the Service, you confirm that you are legally capable of entering into this agreement.

If you are a parent or guardian and believe that a person under 18 is using the Service, contact [email protected] so we can take prompt action.

The Service may be used to generate generic or non-personalized images of children such as catalog photography or clothing previews for commercial contexts. These images must be non-sexualized and may not depict real identifiable minors without explicit consent from their legal guardian.

Personalized identity models, reusable character models, or any training intended to create a persistent likeness must always represent adults who are 18 years of age or older.

3. Accounts

Maintain accurate information and protect your credentials. You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms or applicable laws.

4. Subscriptions, Credits & Payments

A. Credit System

Credits can be purchased individually or through subscriptions. Each AI generation consumes a specified number of credits.

B. Subscription Renewals

Plans renew automatically unless canceled before renewal. Prices are displayed in USD and may change with notice.

C. Payment Authorization & Billing Name

By purchasing credits or subscriptions, you authorize BrookMind LLC (Modelfy.ai) to charge your selected payment method for the total amount shown at checkout, including recurring renewals. Charges on your card or bank statement may appear as “BrookMind”, “Modelfy.ai”, or a similar descriptor. You acknowledge and accept these charges as valid and authorized.

D. Refund Policy

No refunds after credits are consumed or AI generations completed. If no credits have been used, contact [email protected] for review. Cancellations take effect at the end of the billing cycle.

E. Credit Expiration

Purchased credits expire 12 months after purchase. Promotional or free credits expire 90 days after issuance. Expired credits are non-refundable and non-transferable.

F. Content Storage for Paid Plans

Your uploaded and generated content remains stored and accessible only while you maintain an active paid subscription or unused credits. If your plan expires, Modelfy will retain your content for 30 days to allow renewal or reactivation. After this retention period, all files will be permanently deleted and cannot be restored. We are not responsible for any loss of data after this window.

G. NSFW or Restricted Content Policy

AI generations may fail or be automatically blocked if the input or resulting image is flagged as containing NSFW (Not Safe For Work) or prohibited content, including but not limited to nudity, sexual acts, graphic violence, or hate material. Because the AI model must still process the request before detecting violations, the corresponding credits will be consumed even if the generation is rejected or censored.

Users are responsible for ensuring that all inputs and prompts comply with Modelfy’s content policies before submission. Repeated violations may lead to suspension or permanent account termination.

5. Ownership & Generated Content

A. User Ownership

You retain full commercial ownership of AI-generated images and may use them without restriction.

B. Uploaded Content

You confirm that all uploaded materials belong to you or that you hold valid rights and permissions.

C. Limited License to Us

You grant Modelfy a non-exclusive, royalty-free license to store and process your uploaded and generated content solely to deliver and improve the Service (including backups, moderation, and AI model enhancement).

D. User Responsibility & AI Disclaimer

You are fully responsible for the content you upload and generate. Modelfy is not liable for:

  • Any use, publication, or distribution of generated content by you or third parties.
  • Any infringement, privacy violation, or misuse arising from such content.
  • Errors, inaccuracies, or artifacts in AI output.

AI results are provided "as is." Output Content may contain inaccuracies, distortions, or fabricated ("hallucinated") details. Modelfy does not guarantee that any generated output will be accurate, reliable, original, or non-infringing. Use of generated content is solely at your own risk.

E. Enhanced Disclaimer for Synthetic Media

In addition to the general disclaimers above, Modelfy expressly disclaims all liability for:

  • Any harm, damages, or losses caused by synthetic media (including animated likenesses) created using the Service.
  • Any third-party claims arising from the use of another person's likeness or identity without proper authorization.
  • Any reputational, emotional, or financial harm suffered by individuals depicted in or associated with synthetic media.
  • Any civil penalties, criminal charges, or regulatory actions arising from your violation of deepfake laws or similar legislation.
  • Any damages resulting from synthetic media being misidentified as authentic or used in contexts that cause confusion or deception.

You acknowledge that synthetic media technologies carry inherent risks of misuse and agree to exercise appropriate care and judgment when using these features.

6. Prohibited and Restricted Content

You may not use Modelfy.ai to upload, generate, or distribute any material that violates applicable law or these Terms, including but not limited to:

Explicit Content

  • Nudity or sexual content
  • Graphic violence or gore
  • Any form of sexual, suggestive, romanticized, or fetishized depiction of minors

Harmful Content

  • Promotion or depiction of self-harm or suicide
  • Instructions for illegal activities
  • Content promoting hate, harassment, or discrimination
  • Deepfakes or AI likenesses of real people without consent
  • Animated or motion-controlled content depicting real individuals without authorization
  • Non-consensual intimate imagery, whether real or synthetically generated

Depictions of Minors in Personalized Models

It is prohibited to create, train, or generate personalized identity models that represent real or fictional individuals who are under 18 years old. Personalized identity models are characters that can be saved or reused across prompts or sessions.

This restriction does not apply to generic, non-identifiable children representations used in commercial, catalog, educational, or non-sexualized contexts (for example clothing photography or product display). These images must not depict real identifiable minors unless you have documented legal guardian consent.

Any attempt to generate sexual, suggestive, exploitative, or otherwise inappropriate content involving minors will result in immediate and permanent account termination and may be reported to authorities when legally required.

Misleading Content

  • Identity theft or impersonation
  • Health or medical misinformation
  • Manipulated political or electoral material
  • Animated likenesses presented as genuine video footage
  • Fake testimonials or endorsements attributed to real individuals

Intellectual Property

  • Unauthorized use of logos, trademarks, or brand imagery
  • Creation or sale of counterfeit products
  • Use of copyrighted art, designs, or materials without rights

AI moderation systems may automatically block or remove flagged generations. Such detections are final and non-reviewable. Credits used in blocked or flagged generations will not be refunded.

Violation of these restrictions may result in immediate suspension or termination of your account.

7. Motion Control Video Features

7.1 Description of Features

Modelfy offers advanced AI features that enable users to:

  • Motion Control Video: Animate still photographs using motion patterns extracted from reference videos, creating synthetic video content where a person in a photo appears to move, gesture, or perform actions.
  • AI Voice Generation: Add narration or speech to videos using pre-licensed AI voice models provided by Eleven Labs. These are stock voices available through the platform—Modelfy does not support voice cloning or uploading custom voice samples.

These features enable the creation of realistic synthetic media depicting real or fictional individuals.

7.2 Acknowledgment of Sensitive Nature

You acknowledge that Motion Control technology is a powerful tool capable of creating highly realistic synthetic media. Such technology carries significant potential for misuse, including but not limited to identity fraud, defamation, non-consensual intimate content, and the spread of misinformation.

By using these features, you accept full responsibility for ensuring your use is lawful, ethical, and does not harm others.

7.3 User Representations and Warranties

When using Motion Control features, you represent and warrant that:

For Image/Photo Content:

  • You are the individual depicted in the photograph, OR
  • You have obtained documented written consent from the individual depicted, OR
  • The image does not depict any identifiable real person (e.g., AI-generated faces, stock imagery with appropriate licenses, or fictional characters)

For Reference Video Content:

  • You own the video or have a valid license to use it for motion extraction purposes
  • The video does not contain content that violates these Terms or applicable law
  • Any individuals appearing in the reference video have consented to its use, or the video is properly licensed stock footage

General Representations:

  • You will not use these features for fraud, impersonation, defamation, harassment, or any unlawful purpose
  • You will not create content intended to deceive viewers into believing synthetic media is authentic
  • You will disclose that content is AI-generated when required by law or platform policies
  • You will comply with all applicable laws regarding synthetic media and deepfakes

7.4 Prohibited Uses

The following uses of Motion Control features are strictly prohibited:

  • Creating animated likenesses of any individual without their documented written consent
  • Producing fake news, disinformation, or propaganda using synthetic media
  • Creating non-consensual intimate imagery of any kind
  • Using synthetic media for fraud, phishing, social engineering, or financial crimes
  • Impersonating individuals to damage their reputation or relationships
  • Creating false evidence for use in legal, administrative, or judicial proceedings
  • Circumventing identity verification or authentication systems
  • Generating content depicting minors in any Motion Control output
  • Any use that would violate federal, state, or international laws regarding synthetic media

7.5 Consent Documentation Requirements

If you create Motion Control content depicting any individual other than yourself, you must:

  • Obtain written consent from each depicted individual prior to creating the content
  • Maintain records of such consent for a minimum of three (3) years after creating the content
  • Provide copies of consent documentation to Modelfy within five (5) business days upon request
  • Ensure consent documentation clearly identifies the scope of permitted use

Failure to maintain or provide consent documentation upon request may result in immediate account suspension and content removal.

7.6 Disclosure and Labeling Requirements

You agree to clearly label or disclose AI-generated content as synthetic when:

  • Required by applicable law or regulation
  • The content could reasonably be mistaken for authentic media
  • Distributing on platforms that require synthetic media disclosure
  • The content depicts real individuals in contexts they did not actually participate in

Appropriate disclosure methods include visible watermarks, captions, metadata tags, or verbal/written disclaimers accompanying the content.

8. Usage Data and Analytics

Modelfy may collect and use anonymized or aggregated data derived from user activity to improve performance, train AI models, enhance reliability, and develop new features. Such data will never include personally identifiable information.

9. Third-Party Services and Models

The Service may rely on or interoperate with third-party models, APIs, or platforms. Modelfy is not responsible for their availability, accuracy, or compliance. Use of such third-party tools is governed by their respective terms and policies.

9.1 Use of Third-Party AI Processing Providers

To deliver image and video generation, the Service uses external AI processing providers, including:

  • fal - for image and video generation processing
  • OpenAI - for text and image understanding
  • Eleven Labs - for AI voice generation using pre-licensed voice models

By using the Service, you authorize Modelfy to transmit your uploaded content—such as images, videos, and text prompts—to these providers solely for the purpose of generating the results you request.

These AI processors may temporarily store and analyze your content only as necessary to complete the generation workflow. They are not permitted to use your content for advertising, unrelated training, profiling, or any other secondary purpose.

If you disable AI data processing in the app settings, all image and video generation features will become unavailable, as they require external processing to function.

You represent and warrant that you have all required rights, permissions, and lawful authority to upload and process any content submitted through the Service. You agree not to upload content that infringes the rights of others or violates applicable law.

10. Feedback

Any feedback, suggestions, or ideas provided to Modelfy may be used freely for any purpose, commercial or otherwise, without obligation or compensation. Modelfy will own all rights to any improvements or developments arising from such feedback.

11. Export Control and Compliance

You agree to comply with all applicable U.S. export control laws and sanctions. You represent that you are not located in, under the control of, or a resident of any country subject to U.S. embargoes, and that you are not on any government list of prohibited or restricted parties.

12. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved through binding individual arbitration conducted in English under the laws applicable in the United States. You and Modelfy agree to waive any right to participate in a class action, class arbitration, or jury trial.

Before initiating arbitration, both parties will attempt good-faith informal resolution for at least 30 days. If unresolved, arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This clause does not prevent either party from seeking equitable relief (such as injunctions) in court for violations of intellectual property or confidentiality.

13. Limitation of Liability

To the fullest extent permitted by law, Modelfy, its affiliates, and employees are not liable for:

  • Direct, indirect, incidental, or consequential damages.
  • Loss of profits, data, or goodwill.
  • Inaccurate or unintended AI output.
  • Unauthorized access, downtime, or deletion of content.

Total liability for any claim shall not exceed the amount paid by you to Modelfy in the twelve (12) months preceding the event giving rise to the claim. Service is provided “as is” and “as available.”

14. No Warranty

Modelfy makes no warranties regarding reliability, accuracy, availability, or fitness of generated results for any purpose. Use of the Service and any output is entirely at your own risk.

15. Termination

We may suspend or terminate your account at any time for violation of these Terms or applicable law. You may delete your account at any time. Termination does not relieve you of obligations incurred prior to termination.

16. Governing Law

These Terms are governed by the laws applicable in the United States, without regard to conflict-of-law principles. Any unresolved claim not subject to arbitration will be heard in a competent court within the United States.

17. Changes to Terms

We may revise these Terms periodically. Updated versions will be posted online. Continued use constitutes acceptance of the revised Terms.

18. Indemnification

18.1 General Indemnification

You agree to indemnify, defend, and hold harmless Modelfy, BrookMind LLC, and their officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party rights
  • Any content you upload, generate, or distribute through the Service

18.2 Enhanced Indemnification for Motion Control Video

Without limiting the general indemnification above, you specifically agree to indemnify and hold Modelfy harmless from any claims, damages, or liabilities arising from your use of Motion Control features, including but not limited to:

  • Unauthorized Use of Likeness: Claims by individuals whose likeness was animated or depicted without proper consent
  • Defamation: Claims that synthetic media created by you defamed, libeled, or slandered any individual or entity
  • Privacy Violations: Claims for invasion of privacy, publicity rights violations, or misappropriation of identity
  • Identity Fraud: Claims arising from the use of synthetic media for impersonation, fraud, or deception
  • Deepfake Law Violations: Civil or criminal penalties arising from your violation of any federal, state, or international laws regulating synthetic media, deepfakes, or AI-generated content
  • Emotional Distress: Claims for intentional or negligent infliction of emotional distress caused by synthetic media
  • Reputational Harm: Claims for damage to reputation, business relationships, or economic interests

This indemnification obligation survives termination of your account and these Terms.

19. Contact Us

BrookMind LLC (Modelfy.ai) 📧 [email protected] 🌐 https://www.modelfy.ai