Terms of Service

Last Updated: November 1, 2025

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.

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

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

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. 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.

8. 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. 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.

10. 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.

11. 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.

12. 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.”

13. 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.

14. 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.

15. 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.

16. Changes to Terms

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

17. Contact Us

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