Terms of Service
Last updated: September 11, 2025
These Terms of Service (the “Terms”) form a legally binding agreement between you (“Customer”, “you”) and The Game Design School (2022) LTD, an Israeli corporation operating under the brand (DBA) Finetuners.ai (“Finetuners”, “Company”, “we”, “us”, or “our”), governing your use of Finetuners’ proprietary generative AI plugin for Adobe Photoshop, custom AI model training services, LoRA development, fine-tuning workflows, and associated backend services and infrastructure.
By signing an Order Form, downloading, installing, or using the Plugin, accessing the Service through any means, or otherwise utilizing any aspect of the Service, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms and all incorporated documents referenced herein. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the full corporate authority and power to bind that entity to these Terms, and that such entity has duly authorized the execution of this agreement. Your continued use of the Service constitutes ongoing acceptance of these Terms as they may be modified from time to time.
These Terms incorporate by reference:
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Our DPA
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Any applicable Order Form
If you do not agree with these Terms, you may not access or use the Service.
1. Definitions
Unless otherwise stated:
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“Plugin” means the proprietary software application developed and owned by Finetuners.ai, designed to operate as an extension within Adobe Photoshop software, which enables and facilitates generative artificial intelligence image creation workflows and related functionality.
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“Service” means the Plugin, associated backend infrastructure, support, documentation, APIs (if provided), custom AI model training services, LoRA development and fine-tuning workflows, model configuration and management tools, image generation and export capabilities, third-party AI provider integrations, cloud storage and processing infrastructure, enterprise authentication systems, trial and beta features, and all other current or future services, features, or functionality offered under these Terms.
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“Customer Content” means data, images, prompts, style references, input files, or other content submitted by you or your Users into the Service.
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“Generated Content” means outputs generated via the Service using the Customer’s models, Custom Models, prompts, or data.
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“Custom Model” or “LoRA” means a proprietary AI model fine-tuned by Finetuners using Customer Content under a defined scope of work.
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“User” means any person authorized by Customer to use the Service, including employees and contractors acting within the scope of their relationship with Customer.
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“Order Form” means any mutually signed or electronically agreed form detailing pricing, licensing scope, and subscription period.
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“Work Product” means any and all deliverables or materials that is specifically created or developed by Finetuners for Customer's exclusive use and benefit as part of the Services under an applicable Order Form, including but not limited to Custom Models and any related documentation or materials. Work Product shall exclude any pre-existing intellectual property of Finetuners, third-party materials, and Finetuners' IP as defined herein.
2. Scope of the Services
2.1 Grant of Rights.
Subject to these Terms and the Order Form, Finetuners grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to:
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Install and use the Plugin within Adobe Photoshop on authorized machines solely by Customer and its authorized Users;
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Access backend tools for model configuration and management as specifically identified and authorized in the applicable Order Form;
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Generate and export Generated Content for internal commercial use.
The license granted hereunder is conditioned upon your continued compliance with these Terms. You acknowledge that the Plugin contains proprietary and confidential information of Finetuners and agree to use the Plugin solely for the purposes expressly authorized herein. You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Plugin; (b) modify, adapt, alter, translate, or create derivative works of the Plugin; (c) distribute, sublicense, lease, rent, loan, or otherwise transfer the Plugin to any third party; or (d) use the Plugin for any unlawful purpose or in any manner that violates these Terms. Finetuners reserves all rights not expressly granted herein.
2.2 Delivery Model.
The Plugin may connect to a Finetuners-hosted backend (SaaS) or to Customer’s private infrastructure as mutually agreed upon in an applicable Order Form, and subject to the applicable pricing.
2.3 Modifications & Feature Changes.
Finetuners reserves the right, in its sole discretion, to modify, update, enhance, discontinue, or remove any aspect of the Service, including but not limited to features, functionality, workflows, user interface elements, technical specifications, performance parameters, and system requirements, at any time and from time to time. Such modifications may include the addition of new features or services, changes to existing functionality, updates to underlying technology, integration of third-party services, or discontinuation of legacy features. Finetuners will provide Customer with reasonable advance notice of any material changes that would substantially affect Customer’s use of the Service or materially diminish the functionality available under the applicable Order Form.. Customer’s continued use of the Service following any such modifications shall constitute acceptance of the changes. If Customer objects to any material modification, Customer’s sole remedy shall be to terminate the applicable part of the Order Form in accordance with the termination provisions set forth herein.
2.4 Usage Limits.
Your use may be subject to certain quantitative and qualitative limitations (e.g., number of generations, users, models or other usage parameters) as defined in your Order Form or as otherwise communicated by Finetuners in writing. Such limitations may include, without limitation: (a) the maximum number of Customer Content generations permitted during any specified time period; (b) the total number of authorized Users permitted to access the Service under Customer's account; (c) the number of Custom Models that may be created, stored, or maintained; (d) computational resources, processing time, bandwidth allocation, storage capacity for Customer Content, Generated Content, or Custom Models; (e) the frequency of API calls or service requests; and (f) access to specific features, functionalities, or premium services.
Customer acknowledges and agrees that exceeding any applicable usage limits may result in: (i) temporary or permanent suspension of Service access; (ii) additional fees as set forth in the Order Form or as otherwise agreed; (iii) degraded performance or reduced functionality; or (iv) automatic termination of the applicable Service tier. Finetuners reserves the right to monitor usage patterns and implement reasonable technical measures to enforce such limitations. Customer may request increases to usage limits, which shall be subject to Finetuners' approval and may require execution of an amended Order Form with corresponding fee adjustments.
3. Accounts and Users
3.1 Registration.
Use of the Service requires account registration. Each User must provide accurate and complete information
3.2 Authorized Users
Customer may permit Users under its control to access the Service. Customer shall remain fully and solely responsible and liable for: (a) all acts, omissions, and conduct of its Users in connection with the Service; (b) ensuring that all Users comply with the terms, conditions, and restrictions set forth herein; and (c) any breach of these Terms by any User
3.3 SSO or Email Access
Accounts may be linked to email addresses or enterprise authentication systems. Finetuners may allow or require integration with SSO providers
3.4 Security.
Customer shall, and shall ensure that all Users:
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Maintain confidentiality of credentials, access tokens, API keys, passwords, and authentication information provided by or used in connection with the Service;
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Prevent multiple Users from sharing login details or permits access to their individual login credentials with any other person or entity, including other authorized Users;
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Immediately notify Finetuners of any actual, suspected, or threatened unauthorized access or disclosure, or security breach affecting the Service, Customer's account, or any User credentials, cooperate fully with Finetuners in investigating any security incident and implementing remedial measures
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Promptly revoke access for any User whose authorization has been terminated or whose relationship with Customer has ended.
4. Trial & Pre-Release Services
4.1 Trial Access.
Finetuners may offer you access to a time-limited, usage-restricted, or feature-limited version of the Service (“Trial”). Trial access is provided as-is and without any warranty, support, or guarantee of availability.
4.2 Beta Features & Pre-Release Access
From time to time, Finetuners may offer Customer access to features, functionality, services, or software components that are still in development, testing, or pre-release status (“Beta Features”). Customer acknowledges and agrees that: (a) all Beta Features are provided on an “as-is” and “as-available” basis without any warranties, representations, or guarantees of any kind; (b) Beta Features may be unstable, incomplete, contain errors or bugs, experience downtime, or undergo significant changes without notice; (c) Beta Features are provided solely for evaluation, testing, and feedback purposes and are not intended for production use; (d) Finetuners may discontinue, modify, or remove any Beta Feature at any time without prior notice or liability; (e) Customer’s use of Beta Features is at its own risk and Finetuners shall have no liability for any damages arising from such use; and (f) any feedback, suggestions, or data provided in connection with Beta Features may be used by Finetuners for improvement purposes without compensation to Customer. Customer is hereby notified that the Plugin is currently offered as a Beta Feature for evaluation purposes only. Customer acknowledges that the Plugin may not perform at commercial-grade levels and agrees to use it solely for testing and evaluation until such time as Finetuners releases a generally available version.
BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FINETUNERS DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR EXPENSE ARISING FROM THE USE OF BETA FEATURES. YOU ACKNOWLEDGE THAT BETA FEATURES MAY CONTAIN BUGS, ERRORS, OR OTHER DEFECTS AND AGREE TO USE THEM AT YOUR OWN RISK.
5. Subscription, Fees, and Payment Terms
5.1 Fees & Invoicing.
Customer agrees to pay all fees set out in the applicable Order Form. Unless otherwise stated:
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Fees are invoiced annually or as otherwise agreed under the applicable Order Form;
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All invoices are payable within 30 days of issuance;
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Fees are exclusive of VAT or other applicable taxes.
5.2 Late Payments
Overdue payments may incur interest at 1.5% per month or the maximum rate allowed by law. Finetuners may suspend access to the Service if payment is not received after written notice.
5.3 Changes to Fees
Finetuners may modify standard pricing for future terms but will not change fees mid-term unless specified in the Order Form or by mutual agreement. Unless otherwise agreed, changes shall become effective only upon the commencement of a new subscription term or the execution of a new or amended Order Form
5.4 No Refunds
Unless expressly stated in writing, all payments are non-refundable, even if you discontinue use of the Service before the end of the agreed term for any reason
5.5 Taxes.
Customer is solely responsible for all taxes, fees and duties (except for taxes based on Finetuners' net income) that are imposed or become due in connection with these Terms. If any taxes are required to be withheld on payments invoiced by Finetuners, then the amounts due to Finetuners shall be increased such that Finetuners will receive the amount it would have received had Customer not made any such withholding
6. Customer Content & Licensing
6.1 Ownership.
Subject to these Terms, Finetuners hereby assigns to Customer all its right, title and interest, if any, in and to any Generated Content created using the Services together with any and all intellectual property rights embedded in or related to such Generated Content. 6.2 License Grant to Finetuners.
You grant Finetuners a limited, non-exclusive license to:
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Access and use your Customer Content solely to provide the Service;
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Host, store, and process your Customer Content for model inference and Plugin functionality;
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Perform technical analysis or logging to maintain system performance.
6.2 Data Confidentiality
We will not:
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Use your data to train any other third party models, unless such training is made for your as part of a Custom Model included as part of the Services we agreed on as part of any applicable Order Form;
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Retain or analyze your Generated Content history, unless as explicitly agreed otherwise in writing.
6.3 Customer Content Warranties.
You represent and warrant that:
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You have the rights and permissions to use and share the Customer Content;
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Any use of your content as required by the Terms to provide the Service, does not and will not infringe any third-party rights or violate applicable law; You will not input sensitive personal data without prior agreement (e.g., health records, credit card numbers).
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You may not use the Service to generate, edit or modify Generated Content or Customer Content if you know (or reasonably should know) their use, standalone or in combination with your product and/or service and/or Customer Content, would:
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Infringe third party copyright, trade secret or any third-party proprietary rights, including privacy and publicity rights.
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Be deemed unfair or deceptive under the consumer protection laws of any jurisdiction.
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Impersonate another person.
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Promote illegal drugs, violate export control laws, relate to illegal gambling, or illegal arms trafficking.
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Be deemed unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or would be otherwise inappropriate.
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Imply or state endorsements of political parties or other opinion-based movements.
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Be otherwise malicious or fraudulent.
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You may not prompt the Service with Customer Content that is unlawful, infringes third party copyright, trade secret or any third-party proprietary rights, including privacy and publicity rights.
DISCLAIMER: FINETUNERS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY, LIABILITY, AND ACCOUNTABILITY FOR ANY GENERATED CONTENT CREATED BY CUSTOMER, ITS USERS, OR ANY THIRD PARTY USING THE SERVICE. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (A) FINETUNERS HAS NO CONTROL OVER, DOES NOT REVIEW, APPROVE, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY GENERATED CONTENT; (B) ALL GENERATED CONTENT IS CREATED SOLELY BY AND AT THE DIRECTION OF CUSTOMER OR THIRD PARTIES; (C) CUSTOMER BEARS FULL AND EXCLUSIVE RESPONSIBILITY FOR ALL GENERATED CONTENT, INCLUDING ITS ACCURACY, LEGALITY, APPROPRIATENESS, AND COMPLIANCE WITH APPLICABLE LAWS AND THIRD-PARTY RIGHTS; (D) FINETUNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATING TO ANY GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS OF INFRINGEMENT, DEFAMATION, PRIVACY VIOLATIONS, OR OTHER LEGAL VIOLATIONS; AND (E) CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS FINETUNERS FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATING TO ANY GENERATED CONTENT.
6.4 Sensitive Content.
The Service is not designed for or certified under any legal or regulatory framework governing sensitive or regulated data, such as GDPR special categories, HIPAA, or PCI-DSS. You agree not to upload such data unless explicitly authorized in writing.
6.5 Use of Third-Party Providers.
Certain features of the Service may be powered by or rely on third-party providers. By using such features, you acknowledge and agree that:
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Customer Content and any Generated Content may be transmitted to and processed by these providers.
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These providers may use Customer Content and Generated Content for purposes defined in their respective Terms of Service and Privacy Policies, including model training and service improvement.
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You are solely responsible for reviewing and understanding the policies of these providers.
Third-Party Providers may alter, limit, or deprecate models and features without notice. As a result:
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Finetuners may change or suspend certain features at any time.
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We are not responsible for service interruptions or degraded performance arising from such changes.
We do not monitor or filter Generated Content from third-party providers. Accordingly:
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You are responsible for ensuring that Generated Content meets your ethical, legal, and business standards.
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We disclaim liability for any harm, offense, or legal exposure arising from such Generated Content.
7. Intellectual Property & AI Output
7.1 Finetuners IP.
All rights, title, and interest in and to the Service, including the Plugin, workflows, backend systems, infrastructure, documentation, proprietary methods, UI/UX, prompt engineering systems, and non-client-specific components and all improvements or modifications thereto, are and remain the sole property of Finetuners and its licensors. .
Except for Work Product specifically developed for the Customer as part of the Services, all other results of the Services, including but not limited to the Plugin and all related intellectual property, software, workflows, documentation, methodologies, know-how and processes (collectively, the “Finetuners' IP”) are licensed and not sold to the Customer. Finetuners' IP includes, without limitation, Finetuners' pre-existing proprietary technologies, algorithms, artificial intelligence models, machine learning frameworks, data processing systems, user interfaces, application programming interfaces, technical specifications, training materials, and any other intellectual property owned or licensed by Finetuners that may be incorporated into or utilized in connection with the provision of the Services. Finetuners retains and shall own all right, title and interest in and to the Finetuners' IP, including all improvements, modifications and derivative works thereof. Nothing in these Terms shall be construed as transferring ownership rights in the Finetuners' IP to the Customer. Subject to the Customer’s compliance with these Terms, Finetuners grants the Customer a non-exclusive, non-transferable, revocable license during the term of the applicable Engagement to access and use Finetuners' IP solely for the Customer’s business purposes in accordance with the documentation and applicable Order Form.
7.2 Custom LoRAs & Models.
Any AI model trained by Finetuners using Customer Content is deemed a Custom Model and a Work Product and in accordance with the terms of any relevant foundational model, owned or perpetually licensed by the Customer upon full payment for the associated training services. Finetuners retains a ` in accordance with the terms of any relevant foundational model free right to maintain a copy of such Custom Model for operational purposes if agreed, but will not use the model for any other client or project.
7.3 Generated Content.
You are responsible for reviewing such content before use, including for IP clearance, correctness, and fitness for purpose.
7.4 No Unique Outputs Guaranteed.
You acknowledge that AI-generated outputs may not be unique. Due to the nature of generative AI, similar inputs may yield similar outputs. While Finetuners strives to enable differentiated creative workflows, it does not guarantee the uniqueness of any output unless expressly agreed in writing.
7.6 Feedback.
You may provide suggestions or feedback. Finetuners may use such feedback to improve the Service, with no obligation to compensate unless otherwise agreed in writing.
8. Privacy & Data Processing
8.1 Personal Data.
Use of the Service may involve the processing of personal data. Finetuners will process such data in accordance with its DPA (as defined below).
8.2 Data Processing Addendum.
If you require a Data Processing Agreement ("DPA"), we will provide one upon request.
8.3 Security.
Finetuners implements reasonable security practices and protocols. You are responsible for safeguarding your account credentials and ensuring secure local device usage.
8.4 Storage Location.
Customer Content may be stored in cloud environments (e.g., AWS S3) and may be processed via third-party services listed in Section 9.
9. Third-Party Services
9.1 Third-Party Integrations.
The Plugin or backend may utilize third-party AI providers or infrastructure, including but not limited to:
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Replicate
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FAL
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OpenAI
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BFL (Flux)
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Amazon Web Services (S3)
Your use of any functionality that invokes these services is also governed by their respective Terms of Use and Privacy Policies.
9.2 Disclaimer.
Finetuners does not warrant or assume liability for the reliability, uptime, output accuracy, or data handling of any third-party services. While we strive for stability, third-party changes or outages may impact Plugin functionality without prior notice. No advice or information, whether oral or written, obtained by you from Finetuners or through the Service shall create any warranty not expressly stated in these terms.
9.3 Responsibility.
You are responsible for reviewing content generated through third-party APIs and for complying with any content restrictions they may impose. You agree not to use the Plugin in ways that violate the policies of any integrated service.
10. Disclaimers
10.1 No Warranty.
Unless as explicitly stated herein, the Services are provided “as is” and “as available”, without warranties of any kind. Finetuners disclaims all express, implied, statutory, or other warranties, including but not limited to:
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Merchantability or fitness for a particular purpose;
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Non-infringement;
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Uninterrupted or error-free operation;
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Accuracy or reliability of outputs or Generated Content.
10.2 Responsibility for Use.
You are solely responsible for the use of any Generated Content and must verify its appropriateness, legality, and suitability for your intended purpose. Finetuners does not review, moderate, or validate outputs unless contractually agreed.
10.3 Third-Party Services.
Finetuners disclaims all warranties and responsibility for the performance or security of third-party integrations (e.g., Replicate, OpenAI, AWS), including service availability, data handling, and model behavior.
11. Limitation of Liability
11.1 Indirect Damages Excluded.
To the fullest extent permitted by law, neither party shall be liable to the other for:
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Loss of profits, revenues, or business opportunities;
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Indirect, incidental, special, or consequential damages;
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Loss or corruption of data.
11.2 Aggregate Liability Cap.
Finetunersʼ total aggregate liability for any claim arising out of or relating to these Terms shall not exceed the greater of (a) ten thousand U.S. dollars (USD $10,000) or (b) the total amount paid by you under the applicable Order Form in the six (6) months preceding the event giving rise to the claim, unless otherwise agreed in writing between the parties. Notwithstanding the foregoing, to the maximum extent permitted by law, Finetuners’ total liability under any Trial or Beta Feature is capped at one hundred U.S. dollars (USD $100).
11.3 Exceptions.
This section does not apply to liability arising from:
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Your violation of IP restrictions under Section 7;
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Your payment obligations;
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Willful misconduct or fraud
12. Indemnification
You agree to indemnify, defend, and hold harmless Finetuners and its affiliates, officers, and employees from any claim, damage, liability, or expense (including reasonable legal fees) arising from:
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Your use of the Service in violation of these Terms;
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Infringement of third-party rights by your Customer Content or Generated Content;
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Breach of any applicable law or regulation.
13. Term & Termination
13.1 Term.
These Terms take effect and any applicable Order Form upon your first use of the Service and remain in force until terminated by either party or replaced by a signed agreement.
13.2 Termination for Cause.
Either party may terminate these Terms and any applicable Order Form upon written notice if the other party materially breaches them and fails to cure within 30 days of notice.
13.3 Termination for Convenience.
Either party may terminate an applicable Order Form at the end of its current term by providing 30 days’ written notice prior to the renewal date. Otherwise, the subscription will renew automatically for an additional term of equal duration.
13.4 Effect of Termination.
Upon termination:
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Your access to the Plugin and backend will be revoked;
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You retain ownership of all previously delivered custom models and Generated Content;
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Finetuners will delete Customer Content upon written request, subject to retention required by law or security standards.
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You will immediately cease any and all use of the Services and Plugin.
13.5 Survival.
Sections concerning IP ownership, confidentiality, liability, indemnification, and governing law will survive termination.
14. Governing Law & Jurisdiction
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance, breach, or termination, and any non-contractual disputes or claims, shall be governed by the laws of the State of Israel, without regard to conflict of law principles. without regard to its conflict of laws principles or rules that would result in the application of the laws of any other jurisdiction. Each party hereby irrevocably and unconditionally: (a) submits to the exclusive jurisdiction of the competent courts located in Tel Aviv-Jaffa, Israel, for the adjudication of any dispute, controversy, or claim arising out of or relating to these Terms; and (b) waives any claim of inconvenient forum or any claim that such courts do not have jurisdiction over such party. The parties acknowledge that this choice of law and jurisdiction is reasonable and has been made to ensure uniform interpretation and enforcement of these Terms. Nothing in this Section shall limit Finetuners' right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
15. Miscellaneous
15.1 Force Majeure.
Neither party will be liable for delays or failure in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, acts of government, or internet outages.
15.2 Assignment.
You may not assign these Terms or your rights under them without Finetuners’ prior written consent. Finetuners may assign its rights or obligations to an affiliate or in connection with a merger or acquisition.
15.3 Entire Agreement.
These Terms, together with any applicable Order Form, represent the entire agreement between the parties and supersede all prior agreements or understandings.
15.4 No Waiver.
Failure to enforce any provision of these Terms shall not constitute a waiver.
15.5 Severability.
If any provision is held invalid, the rest shall remain in full force and effect.
15.6 Notices.
All legal notices must be sent to:
📧 legal@finetuners.ai
🏢 The Game Design School (2022) LTD
📍 Gary Bertini 10, Tel Aviv, Israel
Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier confirmation of delivery. Notices to Customer will be sent to the individual at the address Customer identifies on its account as its contact for notices. Customer shall ensure its contact for notices is up to date during each renewal. Finetuners may send notices and other information to Customer by email or other electronic form.
