Terms of Service

1. Acceptance of these Terms

By creating an account, clicking “I am 18+”, entering the age gate, or otherwise accessing or using the Services, you agree to these Terms, our Privacy Policy, our Content Guidelines, our Age Verification Policy, and our DMCA & Complaints Policy, each of which is incorporated by reference. If you do not agree, you must not access or use the Services.

We may modify these Terms at any time. Material changes will be posted on this page and, where reasonably practicable, communicated by email or in-product notice at least fourteen (14) days before taking effect for existing account holders. Your continued use of the Services after the effective date of any change constitutes acceptance of the modified Terms.

2. Eligibility & Age Restriction

The Services are strictly for adults 18 years of age or older. By accessing the Services, you represent and warrant that:

• You are at least 18 years old and have reached the age of majority in your jurisdiction of residence.
• You have the full legal capacity and authority to enter into this Agreement.
• Your use of the Services complies with all laws, rules, and regulations applicable to you and your jurisdiction.
• You have not previously been suspended, banned, or removed from the Services.
• You are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction, and you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

We reserve the right to require additional verification of your age and identity at any time. See our Age Verification Policy for details.

3. Accounts & Credentials

To access most Services features you must register an account. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must immediately notify us at support@afterdark.ai of any unauthorized access or other security breach.

You may not: (a) register more than one account per person; (b) create an account using automated means, false identities, or the credentials of another person without authorization; (c) share, sell, trade, or transfer your account; or (d) create an account on behalf of any minor.

4. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial adult entertainment. All rights not expressly granted are reserved by us and our licensors.

You will not, and will not attempt to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or weights from the Services, except to the extent that applicable law expressly prohibits such restriction.
• Use the Services or outputs to train, fine-tune, evaluate, or otherwise develop any competing generative model, dataset, or service.
• Scrape, crawl, index, cache, or use automated tools, bots, integrations, or APIs other than those we officially make available and under their terms.
• Probe, circumvent, or defeat any safety filter, age gate, rate limit, moderation layer, or content policy.
• Resell, rebrand, sublicense, or redistribute access to the Services or any substantial portion of the outputs.
• Use the Services to infringe, misappropriate, or violate any intellectual property, publicity, privacy, contract, or other right of any third party.
• Use the Services in any manner that violates these Terms, our Content Guidelines, or applicable law.

5. User Content & AI Outputs

5.1 Definitions

“Inputs” means prompts, characters, settings, lore, instructions, images, audio, or other materials you submit to the Services. “Outputs” means stories, text, images, or other content generated by the Services in response to Inputs. “User Content” means, collectively, Inputs and Outputs, together with any comments, feedback, profile information, or other material you submit to, store on, or share through the Services.

5.2 Ownership & License to Us

As between you and us, and to the extent permitted by applicable law, you retain ownership of your Inputs. Subject to our rights in the Services and underlying models, we assign to you all of our rights, title, and interest in the Outputs generated specifically in response to your Inputs, except that you acknowledge (i) Outputs may not be copyrightable under the law of your jurisdiction and (ii) similar or identical Outputs may be generated for other users and we make no claim of exclusivity on your behalf.

By submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, cache, reproduce, transmit, display, modify, create derivative works of, and otherwise use your User Content solely to: (a) operate, provide, maintain, secure, debug, and improve the Services; (b) enforce these Terms and our published policies; (c) comply with law, court order, or regulatory process; and (d) produce aggregated or de-identified analytics that cannot reasonably be used to identify you. This license survives termination of your account for content that has been shared with other users, has been backed up in the ordinary course, or that we are required by law to retain.

Model training. We do not use your private Inputs or private Outputs to train foundational generative models without your opt-in consent. Aggregate, de-identified safety signals (for example, whether a prompt was refused) may be used to improve safety and moderation. See the Privacy Policy for detail.

5.3 Your Representations & Warranties

You represent and warrant that:

• You own or have secured all rights, licenses, consents, and permissions necessary to submit your Inputs and grant the license above.
• Your User Content does not and will not violate these Terms, our Content Guidelines, or any applicable law, including laws concerning intellectual property, the rights of publicity, privacy, defamation, obscenity, or the protection of minors.
• Your User Content does not depict, describe, or imply any person who is, or is depicted as, under 18 years of age in any sexual, suggestive, or exploitative context.
• Your User Content does not depict any identifiable real person in sexual or sexually suggestive conduct without that person’s documented, verifiable, informed, and revocable consent, and does not constitute non-consensual intimate imagery (“NCII”) or digital forgery thereof.

5.4 Public & Shared Content

By default, your stories, characters, and other User Content are private to your account. You may elect to share or publish User Content through features we make available. If you publish User Content, you grant (a) us the license described in Section 5.2 for the purposes of operating the relevant sharing feature and (b) other users a non-exclusive, royalty-free, revocable-by-you license to view, read, and (where we allow) remix the published User Content as permitted by the feature.

6. Moderation, Removal, & Enforcement

We may, but are not obligated to, monitor, review, screen, block, filter, remove, disable, edit, label, rate-limit, or restrict any User Content or account, at our sole discretion and without notice, for any reason or no reason, including suspected violation of these Terms, our Content Guidelines, our safety policies, or applicable law. We may cooperate with law enforcement and report content we believe in good faith involves illegal activity, including reporting apparent child sexual abuse material (“CSAM”) to the National Center for Missing & Exploited Children (“NCMEC”) as required by 18 U.S.C. § 2258A.

We use a combination of automated classifiers, retrieval filters, human review, and user reports. Decisions are made on the totality of the circumstances and may consider intent, context, and pattern. Enforcement actions include, without limitation: content removal, account warnings, feature restrictions, temporary suspension, permanent termination, and IP- or device-level blocks.

7. Prohibited Conduct & Content

In addition to restrictions elsewhere in these Terms and in the Content Guidelines, you may not use the Services to generate, solicit, request, share, promote, distribute, store, or attempt to extract content that:

• Depicts, describes, sexualizes, grooms, or endangers any person under 18 years of age, or any character presented as a minor, regardless of fictional framing, alternate age claims, or stylistic depiction (for example, “aged up” characters of canonically minor media figures are prohibited in sexual contexts);
• Constitutes child sexual abuse material (“CSAM”) under 18 U.S.C. §§ 2251-2260, any state analog, or the law of your jurisdiction;
• Sexualizes, exploits, or impersonates a real identifiable person (including celebrities, public figures, and private individuals) without that person’s documented, verifiable, and specific consent;
• Constitutes or contributes to non-consensual intimate imagery, including digital forgeries and “deepfakes,” as prohibited by 18 U.S.C. § 2261A and the TAKE IT DOWN Act;
• Depicts non-consensual sexual conduct in which the recipient is seriously or permanently harmed, mutilated, killed, or otherwise used as the primary subject of titillation through ravishment, snuff, vore, scat, bestiality, or incest between adult and non-adult characters;
• Depicts, solicits, or facilitates actual sexual exploitation, sex trafficking, or the prostitution of another person, in violation of 18 U.S.C. § 1591 and FOSTA-SESTA;
• Facilitates, encourages, instructs on, or provides operational guidance for illegal activity, weapons of mass destruction, the production of controlled substances, targeted violence, terrorism, self-harm, eating disorders, or suicide;
• Threatens, stalks, harasses, doxes, or defames any person, or incites hatred or violence against any protected class;
• Contains malware, ransomware, spyware, phishing content, or other code intended to disrupt or compromise systems or user security;
• Impersonates another user, creator, or brand, or falsely suggests endorsement by us;
• Attempts to bypass safety filters, age gates, or moderation, including prompt-injection, jailbreaks, adversarial encodings, or similar techniques.

8. Reporting & Appeals

Report suspected violations by using in-product reporting tools or by emailing abuse@afterdark.ai. Under the TAKE IT DOWN Act, we will act on a valid request to remove NCII of an identifiable individual within forty-eight (48) hours of verified notice. See our DMCA & Complaints Policy for copyright, trademark, and counter-notice procedures, and our Safety Center for the NCII reporting path.

If you believe we have taken action in error, you may appeal by emailing complaints@afterdark.ai within thirty (30) days of the action, including the affected account identifier, the content at issue, and the basis for your appeal.

9. Payments, Credits, & Refunds

Certain features may be offered as paid subscriptions, credit bundles, or one-time purchases. Prices, features, and availability may change at our discretion; changes will not affect the remainder of any pre-paid period you have already purchased. All payments are processed by third-party payment processors; your payment details are handled by those processors under their terms and privacy policies, not ours.

Unless required by applicable law, all sales are final and non-refundable once any paid feature, credit, or period has been accessed. You may request a refund within fourteen (14) days of an unused purchase by emailing support@afterdark.ai. Subscriptions auto-renew for successive periods of the same length until you cancel. You may cancel at any time from your account settings; cancellation stops future renewals and does not refund the current period unless required by law.

Initiating a chargeback without first contacting us for resolution is a material breach of these Terms and may result in immediate termination and loss of unused credits.

10. Our Intellectual Property

The Services, including all underlying models, software, designs, interfaces, text, graphics, logos, and the “AfterDark.ai” name and related marks, are owned by us or our licensors and are protected by U.S. and international intellectual property laws. Except for the limited license in Section 4, nothing in these Terms transfers any right, title, or interest in or to the Services to you.

11. Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and exploit the feedback for any purpose, without any obligation or compensation to you.

12. Third-Party Services

The Services may integrate with or link to third-party services, including model providers, payment processors, identity/age verification vendors, analytics providers, and cloud infrastructure. We are not responsible for third-party services, and your use of them is governed by the third party’s terms and privacy policy.

13. Disclaimers

The Services, including all Outputs, are provided “as is” and “as available,” without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Services will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected. You acknowledge that generative models can produce outputs that are inaccurate, offensive, upsetting, inconsistent with your intent, or at variance with the real world, and you assume all risk of reliance on any Output.

14. Limitation of Liability

To the maximum extent permitted by law, in no event shall Riley Ventures LLC, our affiliates, officers, directors, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising out of or relating to the Services, regardless of the theory of liability (contract, tort, statute, or otherwise) and whether or not we were advised of the possibility of such damages.

Our aggregate liability to you for all claims arising out of or relating to the Services shall not exceed the greater of (a) one hundred U.S. dollars (USD $100) or (b) the amounts paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Riley Ventures LLC, our affiliates, and each of our officers, directors, employees, contractors, and agents from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your User Content; (b) your access to or use of the Services; (c) your violation of these Terms or our published policies; or (d) your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. Term, Suspension & Termination

These Terms remain in effect while you use the Services. You may terminate at any time by closing your account from within your account settings or by following the instructions in our Delete Account & Data Requests page.

We may suspend or terminate your access, remove any User Content, and refuse to provide the Services at any time, with or without notice, for any reason or no reason, including if we believe that you have violated these Terms or our policies, or if we are required to do so by law. Upon termination, Sections 5.2, 5.3, 5.4, 10-15, 17-23, and any provisions that by their nature should survive, will survive.

17. U.S. Government End Users & Export Controls

The Services are “commercial items” as defined at 48 C.F.R. § 2.101. U.S. Government end users acquire only those rights set forth in these Terms. You may not export, re-export, or transfer the Services to any person or destination prohibited by the U.S. Export Administration Regulations, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), or analogous laws.

18. Governing Law & Venue

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Subject to the Arbitration Agreement in Section 19, the parties consent to the exclusive jurisdiction and venue of the state or federal courts located in Palm Beach County, Florida for any action not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Binding Arbitration & Class Action Waiver

Please read this Section carefully. It affects your rights.

19.1 Agreement to Arbitrate. You and Riley Ventures LLCagree to resolve any dispute, claim, or controversy arising out of or relating to the Services or these Terms (a “Dispute”) exclusively by final and binding individual arbitration, except as provided in Section 19.6. This Agreement to Arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

19.2 Class Action Waiver. You and Riley Ventures LLCeach waive the right to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

19.3 Pre-Arbitration Notice. Before initiating arbitration, the party raising the Dispute must send a written notice describing the Dispute and the relief sought to legal@afterdark.ai (for notices to us) or to the email address on file for your account (for notices to you). The parties will attempt in good faith to resolve the Dispute informally for sixty (60) days after receipt of the notice. If the Dispute is not resolved, either party may commence arbitration.

19.4 Rules & Venue. Arbitration will be administered by JAMS under its JAMS Streamlined Arbitration Rules and Procedures. The seat of arbitration will be Miami, Florida (or virtually, at claimant's election). The arbitrator will have authority to grant any remedy that would be available in court on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.

19.5 Costs. Filing, administrative, and arbitrator fees are governed by the applicable JAMS rules. If you demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

19.6 Exceptions. Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court; (b) pursue enforcement actions, validity determinations, or claims pertaining to intellectual property, trade secrets, or unauthorized access in a court of competent jurisdiction; and (c) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19.7 Opt-Out. You may opt out of this Agreement to Arbitrate by mailing a written opt-out notice within thirty (30) days of the date you first accept these Terms to: Riley Ventures LLC, Attn: Arbitration Opt-Out, 1615 S Congress Ave, Ste 103, Delray Beach, FL 33445. The opt-out must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

19.8 Severability. If the class action waiver in Section 19.2 is found to be unenforceable as to any particular claim or request for relief, then that claim or request will be severed from arbitration and brought in a court of competent jurisdiction, and the remainder of this Section 19 will remain in full force and effect.

19.9 Changes to this Section. If we make a material change to this Section 19 in the future, you may reject the change by sending us written notice within thirty (30) days of the change to the address in Section 19.7. In that event, your account will be governed by the terms of Section 19 in effect immediately prior to the change.

20. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, Content Guidelines, Age Verification Policy, DMCA Policy, and any order form or purchase agreement you accept, are the entire agreement between you and us concerning the Services and supersede all prior agreements.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will 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.

Force Majeure. We will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Notices. We may give notices by email to the address associated with your account or by posting on the Services. You must give notice to us at legal@afterdark.ai or by certified mail to: Riley Ventures LLC, Attn: Legal, 1615 S Congress Ave, Ste 103, Delray Beach, FL 33445.

21. How to Contact Us

Questions, notices, or requests about these Terms should be sent to legal@afterdark.ai or by mail to Riley Ventures LLC d/b/a Acme Studio, 1615 S Congress Ave, Ste 103, Delray Beach, FL 33445.